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
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
- Cline v. KaplanSupreme Court of the United States · 1944
- Pfister v. Northern Illinois Finance Corp.Supreme Court of the United States · 1942
- Oppenheimer v. OldhamCourt of Appeals for the Fifth Circuit · 1949
- Harvey v. GartnerSupreme Court of Louisiana · 1914
- In re HaffCourt of Appeals for the Second Circuit · 1905
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3Cited by5 opinions
- Knight v. CheekDistrict of Columbia Court of Appeals · 1977
- Miner v. Sharp Ford-Mercury, Inc. (In re United Tractors, Inc.)District Court, W.D. Missouri · 1981
- Aylward v. Garvey (In Re Citizens Loan & Savings Co.)District Court, W.D. Missouri · 1981
- In re Gilbert's Hotel, Inc.District Court, S.D. New York · 1969
- Miner v. Mitchell (In re United Tractors, Inc.)District Court, W.D. Missouri · 1981