Legal Opinion

In re Watman, Konopolsky & Bernstein

District Court, S.D. New York

Decided July 24, 1923PublishedCited by 10 opinions

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). Section 12b, Bankruptcy Act (Comp. St. § 9596), requires the offer to be accepted by a majority in number of those creditors “whose claims have been allowed.” In cases of composition before adjudication section 12a provides for an “allowance” of claims at a meeting called for that purpose. Thus claims may be “allowed” under section 57a, section 57c, and section 57d (section 9641), before adjudication. In the case at bar the petitioner did not “prove” his claims or have them “allowed,” and the first question is whether that is a condition upon his recovery,…

2Cases cited3 opinions

  1. In re LaneDistrict Court, D. Massachusetts · 1902
  2. In re Atlantic Const. Co.District Court, S.D. New York · 1915
  3. Nassau Smelting & Refining Works, Ltd. v. Brightwood Bronze Foundry Co.Court of Appeals for the First Circuit · 1923

3Cited by10 opinions

  1. In Re Isidor Klein, Inc.Court of Appeals for the Second Circuit · 1927
  2. Scheuer v. Salmon Weed & Co.Court of Appeals for the Second Circuit · 1931
  3. In Re Everick Art CorporationCourt of Appeals for the Second Circuit · 1930
  4. In Re M. D. Mirsky & Co.Court of Appeals for the Second Circuit · 1929
  5. In re Laubheim Bros.Court of Appeals for the Second Circuit · 1927

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