Legal Opinion

In re Fiegenbaum

Court of Appeals for the Second Circuit

Decided February 25, 1903No. 19PublishedCited by 33 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy. On petition to review order vacating the stay theretofore granted, and permitting the bankruptcy proceedings to continue before the referee, and refusing to enjoin the bankrupt from prosecuting an application for his discharge.

1Opinion of the Court

COXE, Circuit Judge.

The simple question presented by this review is whether a bankrupt, who has been refused a discharge, after full hearing, on the ground that he has fraudulently concealed assets from the trustee, will be permitted, within a few months thereafter, to file a second petition alleging the same facts and prosecute a new application for a discharge. It is admitted that the debts and assets in the two petitions are identical except that there is a difference of $8 in the amount of property claimed as exempt. There is no attempt to disguise the fact that the purpose of the present…

2Cited by33 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
  3. Bacon v. Buffalo Cold Storage Co.Court of Appeals for the Fifth Circuit · 1912
  4. In Re SchwartzCourt of Appeals for the Second Circuit · 1937
  5. In re KufflerCourt of Appeals for the Second Circuit · 1907

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