Legal Opinion
In Re Weitzen
District Court, S.D. New York
Decided May 2, 1933PublishedCited by 20 opinions
1Opinion of the Court
CAFFEY, District Judge.
The agreement to waive the benefit of bankruptcy is unenforceable. To sustain a contractual obligation of this character would frustrate the object of the Bankruptcy Act, particularly of section 17 (11 USCA § 35). This was held by the Supreme Judicial Court of Massachusetts, Federal Nat. Bank v. Koppel, 253 Mass. 157, 148 N. E. 379, 380, 40 A. L. R. 1443, where it was said: “It would be repugnant to the purpose of the Bankruptcy Act to permit the circumvention of its object by the simple device of a clause in the agreement, out of which the provable debt springs,…
2Cases cited1 opinion
- Federal National Bank v. KoppelMassachusetts Supreme Judicial Court · 1925
3Cited by20 opinions
- Wank v. Gordon (In Re Wank)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In Re Tru Block Concrete Products, Inc.United States Bankruptcy Court, S.D. California · 1983
- In Re Adana Mortgage Bankers, Inc.United States Bankruptcy Court, N.D. Georgia · 1980
- Johnson v. Kriger (In Re Kriger)United States Bankruptcy Court, D. Oregon · 1979
- Matter of PeaseUnited States Bankruptcy Court, D. Nebraska · 1996
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