Legal Opinion
In re Bimberg
District Court, S.D. New York
Decided April 3, 1903PublishedCited by 15 opinions
1Opinion of the Court
HOLT, District Judge.
This is a motion to vacate a discharge. More than a year has passed since the adjudication. The creditor making the application to vacate the discharge has never proved his claim. A preliminary objection is made that he is not a party in interest, within the meaning of section 15 of the bankrupt act (Act *943July i, 1898, c. 541, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428]), authorizing such a motion “upon the application of parties in interest.” It is asserted that the creditor, not having proved his claim, and being prohibited by section 57n, 30 Stat. 560 [U. S. Comp. St.…
2Cases cited4 opinions
- Bray v. CobbDistrict Court, E.D. North Carolina · 1900
- In re ShafferDistrict Court, E.D. North Carolina · 1900
- In re MoebiusDistrict Court, E.D. Pennsylvania · 1902
- In re DouglassDistrict Court, W.D. Pennsylvania · 1882
3Cited by15 opinions
- In re RuhlmanCourt of Appeals for the Second Circuit · 1922
- Rash v. MetzgerCourt of Appeals for the Third Circuit · 1929
- Drees v. WaldronCourt of Appeals for the Eighth Circuit · 1914
- Gerber v. FruchterCourt of Appeals for the Second Circuit · 1945
- In re CuthbertsonDistrict Court, D. South Dakota · 1912
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