Legal Opinion

In re Blinrig Realty Corp.

Court of Appeals for the Second Circuit

Decided August 16, 1940No. 394PublishedCited by 10 opinions

1Opinion of the Court

CHASE, Circuit Judge.

This appeal presents a situation where a debtor, after trying since 1936 to reorganize in proceedings under the New York State law in the state court without success, filed its petition for reorganization under Chap. X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., in the District Court for the Eastern District of New York. The prior state court proceedings were not themselves an absolute bar to its so doing. Brooklyn Trust Co. v. Rembaugh, 2 Cir., 110 F.2d 838. But good faith in the sense of a fair likelihood of success despite the vain efforts to reorganize already…

2Cases cited5 opinions

  1. Tennessee Publishing Co. v. American National BankSupreme Court of the United States · 1936
  2. Manati Sugar Co. v. MockCourt of Appeals for the Second Circuit · 1935
  3. Provident Mut. Life Ins. v. University Evangelical Lutheran Church of SeattleCourt of Appeals for the Ninth Circuit · 1937
  4. In re Castle Beach Apartments, Inc.Court of Appeals for the Second Circuit · 1940
  5. Brooklyn Trust Co. v. RembaughCourt of Appeals for the Second Circuit · 1940

3Cited by10 opinions

  1. In Re Bermec Corporation, Debtor, Pacar Financial Corp.Court of Appeals for the Second Circuit · 1971
  2. In Re Southern Land Title CorporationDistrict Court, E.D. Louisiana · 1968
  3. In re Marine Harbor Properties, Inc.Court of Appeals for the Second Circuit · 1942
  4. In re Hunterbrook Building Corp.Court of Appeals for the Second Circuit · 1960
  5. In re 263 West 38th Street Corp.District Court, S.D. New York · 1941

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