Legal Opinion

In re Smith

District Court, N.D. Texas

Decided March 18, 1929No. 1572PublishedCited by 1 opinion

1Opinion of the Court

ATWELL, District Judge.

In 1921 the bankrupt was adjudicated at his request. No assets were listed and no trustee was appointed. At the time of filing his application he had a suit pending for $60,000 in the state court. ' There being no trustee, he continued as plaintiff. The judgment recovered was affirmed by the state appellate courts and by the Supreme Court of the United States. Danciger v. Smith, 276 U. S. 542, 48 S. Ct. 344, 72 L. Ed. 691. As a result of this holding this court has granted an order reopening the estate.

On the 13th day of July, 1928, an assignee of the only creditor who…

2Cases cited8 opinions

  1. Weil v. NearySupreme Court of the United States · 1929
  2. Danciger & Emerich Oil Co. v. SmithSupreme Court of the United States · 1928
  3. Poillon v. . LawrenceNew York Court of Appeals · 1879
  4. In re ElbyDistrict Court, N.D. Iowa · 1907
  5. In re HockmanDistrict Court, E.D. Pennsylvania · 1912

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3Cited by1 opinion

  1. In re LongwellDistrict Court, W.D. New York · 1935

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