Bilafsky v. Abraham
Massachusetts Supreme Judicial Court
Bill in equity, filed July 12, 1902, by the trustee in bankruptcy of the estate of Louis Habolow, to obtain certain property alleged to be held by the defendant in fraud of the creditors of the bankrupt. In the Superior Court the case was heard by Sheldon, J. He found that the case of Habolow in bankruptcy was closed on December 7, 1899, and that on May 24, 1902, the estate of the bankrupt was reopened and the plaintiff was appointed trustee in bankruptcy of the estate.
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Bill in equity, filed July 12, 1902, by the trustee in bankruptcy of the estate of Louis Habolow, to obtain certain property alleged to be held by the defendant in fraud of the creditors of the bankrupt. In the Superior Court the case was heard by Sheldon, J. He found that the case of Habolow in bankruptcy was closed on December 7, 1899, and that on May 24, 1902, the estate of the bankrupt was reopened and the plaintiff was appointed trustee in bankruptcy of the estate. The judge ruled that these facts would not constitute a defence to the plaintiff’s bill, and at the request of the…
1Opinion of the CourtKnowlton, C. J.
This is a suit in equity brought by a trustee in bankruptcy to recover property claimed as belonging to a bankrupt’s estate.
*402The defence, so far as it is presented by the report before us, grows out of the fact that the estate had once been closed under the provisions of the bankruptcy act of 1898, § 2, cl. 8. This clause gives the court jurisdiction as follows: to “ close estates, whenever it appears that they have been fully administered, by approving the final accounts and. discharging the trustees, and reopen them whenever it appears they were closed before being fully administered.” By a…
2Cited by20 opinions
- White v. Boston (In Re White)District Court, S.D. Indiana · 1989
- Gross v. Petty (In Re Petty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Dixon v. BennettCourt of Special Appeals of Maryland · 1987
- In Re SchreiberCourt of Appeals for the Second Circuit · 1928
- In Re Paramount Publix CorporationCourt of Appeals for the Second Circuit · 1936
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