In re Braus
District Court, S.D. New York
In Bankruptcy. In the matter of the bankruptcy of Arthur S. Braus. On objection by Frederick T. Van Beuren and others to bankrupt’s petition for discharge. This cause comes up upon a petition for discharge. Certain creditors have objected, on the ground of a fraudulent transfer under the following circumstances: The bankrupt was engaged in the cloak and, suit business for about 15 years, having 20 stores scattered about, of which 7 were in the city of New York.
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In Bankruptcy. In the matter of the bankruptcy of Arthur S. Braus. On objection by Frederick T. Van Beuren and others to bankrupt’s petition for discharge. This cause comes up upon a petition for discharge. Certain creditors have objected, on the ground of a fraudulent transfer under the following circumstances: The bankrupt was engaged in the cloak and, suit business for about 15 years, having 20 stores scattered about, of which 7 were in the city of New York. Three of these stores, in Fourteenth street, Manhattan, were unprofitable, and in January, 1915, the bankrupt, who had been losing…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). It is not a clear question on authority whether it is a fraudulent transfer against creditors for an insolvent to convey all his property to a corporation in exchange for all or nearly all its stock. In the following cases such was the situation', and the sale was held bad: Mulford v. Doremus, 60 N. J. Eq. 80, 45 Atl. 688; Kelley Co. v. Pollock & Bernheimer, 57 Fla. 459, 49 South. 934, 131 Am. St. Rep. 1101; Bank v. Trebein, 59 Ohio St. 316, 52 N. E. 834; Benton v. Minn. Tailoring, etc., Co., 73 Minn. 498, 76 N. W. 265; Kellogg v. Douglas County Bank, 58…
2Cases cited19 opinions
- Mayer v. HellmanSupreme Court of the United States · 1876
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
- In re Julius Bros.Court of Appeals for the Second Circuit · 1914
- Kellogg v. Douglas County BankSupreme Court of Kansas · 1897
- Booth v. . BunceNew York Court of Appeals · 1865
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3Cited by1 opinion
- Kulka v. NemirovskySupreme Court of Pennsylvania · 1936