Legal Opinion

In re Fagan

District Court, D. South Carolina

Decided November 10, 1905PublishedCited by 6 opinions

In Bankruptcy. On review of decision of referee.

1Opinion of the Court

BRAWLEY, District Judge.

This is a review of the decision of the referee disallowing the claim of the People’s Bank of Greenville against the estate of the bankrupt, the said claim having been presented more than a year after the adjudication in bankruptcy; the réferee holding that the terms of section 57n (Act July i, 1898, c. 541, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3444]) were mandatory, and prohibit the allowance of any claim after the expiration of a year from the adjudication, citing numerous authorities which hold that this provision is an absolute prohibition against proof and…

2Cases cited1 opinion

  1. Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905

3Cited by6 opinions

  1. Powell v. LeavittCourt of Appeals for the First Circuit · 1907
  2. In Re V-M Corp.United States Bankruptcy Court, W.D. Michigan · 1982
  3. In re StrobelDistrict Court, E.D. New York · 1908
  4. In re LandisDistrict Court, E.D. Pennsylvania · 1907
  5. Department of Financial Institutions v. Union Bank & Trust Co.Indiana Supreme Court · 1937

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