Legal Opinion
In the Matter of Paul A. Closkey, Inc., Alleged Bankrupt, Paul A. Closkey, Inc.
Court of Appeals for the Third Circuit
Decided March 28, 1968No. 16636PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
An involuntary petition was filed on January 6, 1967 against the appellant bankrupt charging it with making preferential payments within the four preceding months. The appellant filed an answer alleging solvency and denying the charged preferential payments. Thereafter, it, in succession, demanded a jury trial; waived its demand by stipulation of counsel, and then repudiated the stipulation. The District Court reinstated the jury trial demand.
The issues presented at the ensuing trial were the solvency of the bankrupt and the mooted preferential payments. The bankrupt did…
3Cases cited3 opinions
- James C. Bookey, Sr. v. Cleo P. King, Trustee in Bankruptcy of James C. Bookey, Sr., BankruptCourt of Appeals for the Ninth Circuit · 1956
- In re Pearl Coal Co.Court of Appeals for the Third Circuit · 1940
- Matter of Eastern Supply Company, a Co-Partnership Consisting of Munroe E. Greene and Joseph Blonstein, Partners. Eastern Supply Company, a Co-Partnership Consisting of Munroe E. Greene and Joseph Blonstein, PartnersCourt of Appeals for the Third Circuit · 1959
4Cited by3 opinions
- Wetherbee v. Willow Lane, Inc. (In Re Bestway Products, Inc.)United States Bankruptcy Court, E.D. California · 1993
- In Re RaymondUnited States Bankruptcy Court, E.D. Virginia · 1981
- Paccar Financial Corp. v. Mid-American Lines, Inc. (In Re Mid-American Lines, Inc.)District Court, D. Kansas · 1995