Legal Opinion
Milando v. Perrone
Court of Appeals for the Second Circuit
Decided November 7, 1946No. 63, Docket 20330PublishedCited by 62 opinions
1Opinion of the Court
CLARK, Circuit Judge.
This appeal raises a question as to the power of the bankruptcy court to reopen a long-closed estate which had shown no assets, for the scheduling and eventual discharge of a claim inadvertently omitted from the original schedules. The claim was omitted because of lack of knowledge of the judgment on which it was based; and because of the failure to schedule, the judgment creditor received no notice and had no knowledge of the bankruptcy proceedings during their pendency. His suit in a Connecticut state court to reach newly acquired assets of the bankrupt caused the…
2Cases cited16 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Hill v. SmithSupreme Court of the United States · 1923
- Birkett v. Columbia BankSupreme Court of the United States · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- In the Matter of Clayton Wray Stone, Jr. And Jeannine Stone, Debtors. Clayton Wray Stone, Jr. And Wife, Jeannine Stone v. Melvin CaplanCourt of Appeals for the Fifth Circuit · 1994
- In Re CruzUnited States Bankruptcy Court, S.D. New York · 2000
- Matter of HeywardUnited States Bankruptcy Court, E.D. New York · 1981
- Laczko v. Gentran, Inc. (In Re Laczko)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
- In Re Michael C. Soult, D.M.D., Debtor, Michael C. Soult, D.M.D., Debtor-Appellee v. William C. Maddox, D.D.S., Creditor-AppellantCourt of Appeals for the Sixth Circuit · 1990
57 more not listed; retrieve them via the Exa API.