Goldstein v. S. Blechman & Sons, Inc.

This is an appeal from an order denying the defendant’s motion for summary judgment in a plenary suit brought by a trustee in bankruptcy on November 10, 1938, to recover alleged preferences received by a creditor of the bankrupt. It is not a final order and is therefore not appealable. Jurisdiction of the district court rests upon sections 23b and 60b of the Bankruptcy Act, 11 U.S.C.A. §§ 46(b) and 96(b). Prior to the 1938 amendments to the Bankruptcy Act, this court had held that such suits were not “controversies arising in bankruptcy proceedings” within the meaning of section 24a, 11…