Legal Opinion

In re Epstein

District Court, E.D. New York

Decided September 13, 1935No. 26903PublishedCited by 2 opinions

1Opinion of the Court

MOSCOWITZ, District Judge.

By this motion Max Epstein, the bankrupt, seeks an order vacating the adjudication in bankruptcy.

Max Epstein was adjudicated a bankrupt (not in this proceeding) and discharged in bankruptcy on September 8, 1933.

On September 24, 1934, the petitioner filed a voluntary petition in bankruptcy in this proceeding, on which day he was adjudicated a bankrupt. He seeks to vacate the second adjudication in bankruptcy upon the ground that the voluntary petition was filed “under a mistaken idea of the law.”

Section 32 (b), subdivision 5 of title 11 USCA, Bankr. Act, § 14b (5), as…

2Cases cited3 opinions

  1. In re LittleCourt of Appeals for the Seventh Circuit · 1905
  2. In re JohnsonDistrict Court, S.D. Alabama · 1916
  3. In re SmithDistrict Court, E.D. New York · 1907

3Cited by2 opinions

  1. Moore v. LinahanCourt of Appeals for the Second Circuit · 1941
  2. In re BrowneDistrict Court, E.D. New York · 1939

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