Legal Opinion

Hyman B. Finkelstein, Samuel Finkelstein and Rifkin and Scharf Corp. v. Keith Fabrics, Inc., D/B/A Mae Fabrics, Alleged Bankrupt

Court of Appeals for the Fifth Circuit

Decided May 23, 1960No. 17957PublishedCited by 5 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The principal question presented is whether the posting of a bond under § 69 of the Bankruptcy Act is essental to give rise to a liability for costs, attorney fees and damages and vest the Bankruptcy Court with summary jurisdiction to hear and determine the demand against petitioning creditors for the wrongful appointment of a receiver. Brought here as an appeal from an order of the District Court denying a petition to allow the late filing of a petition of review, the case may also involve the subsidiary issue of an abuse of the Court’s discretion.

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2Cases cited10 opinions

  1. Cline v. KaplanSupreme Court of the United States · 1944
  2. Pfister v. Northern Illinois Finance Corp.Supreme Court of the United States · 1942
  3. Oppenheimer v. OldhamCourt of Appeals for the Fifth Circuit · 1949
  4. Harvey v. GartnerSupreme Court of Louisiana · 1914
  5. In re HaffCourt of Appeals for the Second Circuit · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Knight v. CheekDistrict of Columbia Court of Appeals · 1977
  2. Miner v. Sharp Ford-Mercury, Inc. (In re United Tractors, Inc.)District Court, W.D. Missouri · 1981
  3. Aylward v. Garvey (In Re Citizens Loan & Savings Co.)District Court, W.D. Missouri · 1981
  4. In re Gilbert's Hotel, Inc.District Court, S.D. New York · 1969
  5. Miner v. Mitchell (In re United Tractors, Inc.)District Court, W.D. Missouri · 1981

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