Legal Opinion

Perlman v. 322 West Seventy-Second Street Co.

Court of Appeals for the Second Circuit

Decided April 11, 1942No. 220PublishedCited by 44 opinions

1Opinion of the Court

CLARK, C. E., Circuit Judge.

The bankrupt Perlman filed his .voluntary' petition in bankruptcy on May 24, 1941. 322 West 72nd Street Co., Inc., was scheduled as a creditor. Subsequent to the formal adjudication of bankruptcy, this creditor moved to dismiss the bankruptcy proceedings, or to exclude from consideration its debt and any others similarly situated. As grounds for its motion, it relied on a prior proceeding, involving this bankrupt and the same creditor, which had been dismissed without action respecting a discharge.

The prior proceeding was also begun by a voluntary petition followed…

2Cases cited8 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
  3. Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
  4. Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
  5. In Re SchwartzCourt of Appeals for the Second Circuit · 1937

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3Cited by44 opinions

  1. Arnold Schildhaus v. Kenneth W. Moe, as District Director of Internal RevenueCourt of Appeals for the Second Circuit · 1964
  2. Gajewski v. BratcherNorth Dakota Supreme Court · 1976
  3. Grand Union Equipment Co. v. LippnerCourt of Appeals for the Second Circuit · 1948
  4. Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  5. Patterson Dental Co. v. Mendoza (In Re Mendoza)United States Bankruptcy Court, S.D. California · 1982

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