Legal Opinion

In re Little

Court of Appeals for the Seventh Circuit

Decided April 11, 1905No. 1,145PublishedCited by 11 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Illinois, in Bankruptcy. On September 22, 1898, Newton D. Little filed a petition in voluntary bankruptcy in the court below, and in that proceeding was on April 12, 1899, duly discharged of his debts.

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Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Illinois, in Bankruptcy. On September 22, 1898, Newton D. Little filed a petition in voluntary bankruptcy in the court below, and in that proceeding was on April 12, 1899, duly discharged of his debts. On June 10, 1904, he filed in the court below his seeonu voluntary petition, upon which adjudication of bankruptcy passed June 17, 1904: On December 6, 1904, upon petition of a creditor of the bankrupt, the court below dismissed the bankruptcy proceeding upon the ground, that the…

1Opinion of the Court

JENKINS, Circuit Judge. .

It is conceded that the bankrupt cannot obtain a second discharge before April 12, 1905, after a lapse of six years from his first discharge; but it is insisted that the bankruptcy law places no restriction upon one’s right to file a second petition before the expiration of the six years. By the bankruptcy law of July 1, 1898, c. 541, § 59, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3445], “any qualified person may file a petition to be adjudged a voluntary bankrupt.” Section 4a of the act (30 Stat. 547 [U. S. Coimp. St. 1901, p. 3423]) provides that “any person who owes…

2Cited by11 opinions

  1. In re NashDistrict Court, S.D. West Virginia · 1918
  2. Prince v. United StatesDistrict Court, E.D. Wisconsin · 1960
  3. In re DunphyDistrict Court, D. Maine · 1913
  4. In re JordanDistrict Court, E.D. Pennsylvania · 1905
  5. Ziskin v. AptakerCourt of Appeals for the Second Circuit · 1930

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