Legal Opinion

In re Kerner

Court of Appeals for the Second Circuit

Decided April 10, 1918No. 171PublishedCited by 16 opinions

Appeal from the District Court of the United States for the Southern District of New York. In the matter of William Kerner, alleged bankrupt. From an order confirming the report of a special master recommending the creditor's objections to an offer of composition made before adjudication be sustained (245 Fed. 807), the bankrupt appeals.

1Opinion of the Court

ROGERS, Circuit Judge.

It appears that the alleged bankrupt made application for the confirmation of a composition offered by him, and, objection having been made by a creditor, confirmation has been denied' by the District Judge, who has confirmed the report of the special master, recommending that the creditor’s objections be sustained.

[1] The composition proposed was made before adjudication and involved a payment of 30 per cent, in cash and notes. The offer has been accepted by a majority both in number and amount of all the creditors. The objection is by one creditor, whose claim amounts…

2Cases cited2 opinions

  1. Gilpin v. Merchants' Nat. BankCourt of Appeals for the Third Circuit · 1908
  2. In re CollinsDistrict Court, E.D. Arkansas · 1907

3Cited by16 opinions

  1. In re LesslerCourt of Appeals for the Second Circuit · 1934
  2. Baash-Ross Tool Co. v. StephensCourt of Appeals for the Ninth Circuit · 1934
  3. Davis v. JacobsCourt of Appeals for the First Circuit · 1929
  4. Morris Plan Bank of Richmond v. HendersonDistrict Court, M.D. North Carolina · 1932
  5. In re KellerCourt of Appeals for the Second Circuit · 1936

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