Legal Opinion

In Re Stavin

District Court, S.D. New York

Decided December 3, 1925No. 38641PublishedCited by 11 opinions

The referee’s certificate was as follows'. To the Honorable Judges of the District Court of the United States for the Southern District of New York: I, John L. Lyttle, referee in bankruptcy in charge of this case, do hereby certify that in the course of the proceedings herein the following question arose pertinent to the proceeding: Certain priority or wage creditors, represented by Meyer London, attorney, filed proofs of claim in my office, and are now seeking to obtain…

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The referee’s certificate was as follows'. To the Honorable Judges of the District Court of the United States for the Southern District of New York: I, John L. Lyttle, referee in bankruptcy in charge of this case, do hereby certify that in the course of the proceedings herein the following question arose pertinent to the proceeding: Certain priority or wage creditors, represented by Meyer London, attorney, filed proofs of claim in my office, and are now seeking to obtain payment of their claims as such; it being asserted that there is sufficient money to pay their claims in full. Any tax…

1Opinion of the Court

THACHER, District Judge.

The question certified by tbe referee is wbetber tbe referee in bankruptcy can limit tbe time of tbe United States and tbe state of New York within which to file any claims they may have, notwithstanding that the one-year limitation for filing claims by creditors (section 57n of the Bankruptcy Act [Comp. St. § 9641] has not expired.

Under date of October 5, 1925, on motion of certain priority creditors, the referee filed an order directing the United States of America to file within 60 days after service any and all claims which it may assert against the bankrupt…

2Cases cited7 opinions

  1. In re AndersonCourt of Appeals for the Second Circuit · 1922
  2. United States v. KelloggCourt of Appeals for the Second Circuit · 1921
  3. In re Wyley Co.District Court, N.D. Georgia · 1923
  4. United States v. WoodCourt of Appeals for the Second Circuit · 1923
  5. United States v. KaufmanCourt of Appeals for the Second Circuit · 1924

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Cohen v. United StatesCourt of Appeals for the First Circuit · 1940
  2. United States v. KaplanCourt of Appeals for the Second Circuit · 1935
  3. United States v. PateDistrict Court, W.D. Arkansas · 1942
  4. In Re RiemerCourt of Appeals for the Second Circuit · 1936
  5. Carter v. United StatesCourt of Appeals for the Second Circuit · 1932

6 more not listed; retrieve them via the Exa API.

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