Legal Opinion
In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry Kehr
Court of Appeals for the Second Circuit
Decided December 14, 1966No. 157, Docket 30549PublishedCited by 51 opinions
1Opinion of the Court
FEINBERG, Circuit Judge:
From this deceptively simple case emerges a difficult issue — must a bankruptcy court prevent an arbitrator from deciding whether a debt has been discharged in bankruptcy? We hold that no flat rule is justified and that the matter rests in the discretion of the bankruptcy court. Finding no abuse in the exercise of that discretion by the United States District Court for the Southern District of New York, John F. X. McGohey, J., we affirm.
The background of this litigation is as follows: Appellee Harry Kehr sued appellant Lowell S. Fallick in the Supreme Court of New York…
2Cases cited23 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Wilko v. SwanSupreme Court of the United States · 1953
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Robert Lawrence Co. v. Devonshire Fabrics, Inc.Supreme Court of the United States · 1960
18 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
- In Re Lois Adlman, Bankrupt. Bank of Pennsylvania v. Lois AdlmanCourt of Appeals for the Second Circuit · 1976
- Fed. Sec. L. Rep. P 93,679 in the Matter of the Arbitration Between Herbert Sobel, and Hertz, Warner & Co.Court of Appeals for the Second Circuit · 1972
- American Safety Equipment Corp. v. J. P. Maguire & Co.Court of Appeals for the Second Circuit · 1968
- In re the Arbitration between Aimcee Wholesale Corp. & Tomar Products, Inc.New York Court of Appeals · 1968
46 more not listed; retrieve them via the Exa API.