Legal Opinion
Levenson v. B. & M. FURNITURE CO.
Court of Appeals for the Second Circuit
Decided June 17, 1941No. 370PublishedCited by 21 opinions
1Per curiam
It is quite true that the creditor can have no relief in this situation without proving fraud by the debtor; but it is a mistake to suppose that the whole “arrangement” roust then be set aside. The first subdivision of § 386, 11 U.S.C.A. § 786, docs indeed require that this shall be done and that the estate shall be liquidated, and the second presupposes that the plan shall be altered or modified generally; but the third subdivision demands neither, it looks only to the specific correction of the wrong done if that may be accomplished without affecting “adversely” the interests of innocent…
2Cited by21 opinions
- In Re Initial Public Offering Securities LitigationDistrict Court, S.D. New York · 2003
- Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
- Helene Marceau Sidebotham v. W. L. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James SidebothamCourt of Appeals for the Ninth Circuit · 1955
- Lowenschuss v. KaneCourt of Appeals for the Second Circuit · 1975
- MacHado v. McGrath Atty. Gen.Court of Appeals for the D.C. Circuit · 1952
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