In re Mills
District Court, E.D. New York
In the Matter of Clifford D. Mills, bankrupt. Application of petitioning creditors, directed to various stockholders of a corporation formed by the bankrupt, asking that the stock be turned over to the trustee in bankruptcy as the property of the bankrupt’s estate, on the theory that the original transfer by the bankrupt of his property to the corporation in exchange for stock was fraudulent ab initio.
1Opinion of the Court
CHATFIELD, District Judge.
The petitioning creditors previously made .application to this court to have certain property, formerly belonging to the bankrupt, hut transferred by him to the C. D. Mills Baking Company, a New Jersey corporation, at the time of its organization, turned over to the trustee in bankruptcy as a part of the bankrupt’s estate. This motion was denied; the record in the case showing that the property had been in fact transferred to the corporation as a consideration in kind for the capital stock issued by the corporation upon the subscriptions of the original stockholders,…
2Cases cited3 opinions
- In re Muncie Pulp Co.Court of Appeals for the Second Circuit · 1905
- In re FriedmanCourt of Appeals for the Second Circuit · 1908
- In re FriedmanDistrict Court, S.D. New York · 1907
3Cited by2 opinions
- Sproul v. GamboneDistrict Court, W.D. Pennsylvania · 1940
- In re Nathan Turim, Inc.District Court, S.D. New York · 1931