Legal Opinion

In re Reisler

District Court, S.D. New York

Decided June 23, 1921PublishedCited by 4 opinions

In Bankruptcy. In the matter of John J. Reisler, bankrupt. On motion to confirm report of special master recommending bankrupt’s discharge; the Richard E. Sause Company, Inc., objecting. This is a motion to confirm the report of the special master recommending that the bankrupt be discharged.

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In Bankruptcy. In the matter of John J. Reisler, bankrupt. On motion to confirm report of special master recommending bankrupt’s discharge; the Richard E. Sause Company, Inc., objecting. This is a motion to confirm the report of the special master recommending that the bankrupt be discharged. On September 29, 1917, the bankrupt was adjudicated; he employed an attorney, not the counsel who appeared in tills proceeding, who filed his petition for discharge with Ihe referee on July 1.7, 1918. He did not at that time pay the referee’s indemnity fee of $47, being-in impoverished circumstances, and…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). Tlie question whether a bankrupt may be deprived of his discharge by neglect to press his petition to a hearing has, so far as I know, been adjudicated only three times. Judge Holt, in Re Lederer (D. C.) 125 Fed. 96, denied a discharge for that reason, and the Circuit Court of Appeals for the Eighth Circuit held the same way in Lindeke *66v. Converse, 198 Fed. 619, 117 C. C. A. 322. On the other hand, in Re Glasberg, 197 Fed. 896, 117 C. C. A. 235, the Circuit Court of Appeals for the Second Circuit allowed a discharge in spite of some delay, the length of…

2Cases cited3 opinions

  1. Lindeke v. ConverseCourt of Appeals for the Eighth Circuit · 1912
  2. In re LedererDistrict Court, S.D. New York · 1903
  3. In re GlasbergCourt of Appeals for the Second Circuit · 1912

3Cited by4 opinions

  1. Schmelz Liquidating Corp. v. WilliamsCourt of Appeals for the Fourth Circuit · 1936
  2. In re EdwardsDistrict Court, W.D. Tennessee · 1925
  3. In re StilwellDistrict Court, W.D. New York · 1940
  4. In re StilwellDistrict Court, W.D. New York · 1942

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