In re Globe Laundry
District Court, M.D. Tennessee
In the matter of J. G. Brown and others, individually and as partners under the name of the Globe Laundry, bankrupts. On petition of trustee for review of order of referee. Petition in involuntary bankruptcy against J. G. Brown and others, individually and as partners engaged in business under the name of the Globe Laundry. A claim of the American Paper Box Company, by note signed by Brown and another partner, was filed and allowed against the individual estate of Brown.
Read the full summary
In the matter of J. G. Brown and others, individually and as partners under the name of the Globe Laundry, bankrupts. On petition of trustee for review of order of referee. Petition in involuntary bankruptcy against J. G. Brown and others, individually and as partners engaged in business under the name of the Globe Laundry. A claim of the American Paper Box Company, by note signed by Brown and another partner, was filed and allowed against the individual estate of Brown. Thereafter, more than a year after the claim had been so allowed, the trustee in bankruptcy moved to re-examine and…
1Opinion of the Court
SANFORD, District Judge.
The referee was of opinion that the trustee’s motion to re-examine and disallow the claim of the American Paper Box Company as a claim against the individual estate of J. B. Brown should be overruled’ on the ground merely that the objection and motion for reconsideration was filed too late, that is, more than twelve months after the claim had been filed. I am of opinion that this was error. Section 57k of the Bankruptcy Act provides that claims which have been allowed may be reconsidered for cause' “before, but not after, the estate has been closed.” This provision…
2Cases cited2 opinions
- In re Hinckel Brewing Co.District Court, N.D. New York · 1903
- In re Hamilton Furniture Co.District Court, E.D. Pennsylvania · 1902
3Cited by4 opinions
- In Re Ko-Ed TavernCourt of Appeals for the Third Circuit · 1942
- In re Caledonia Coal Co.District Court, E.D. Michigan · 1918
- In re Empire Flooring Co.District Court, W.D. Pennsylvania · 1930
- Warner v. KaganCourt of Appeals for the Third Circuit · 1942