Legal Opinion
Continental Bank & Trust Co. v. Winter
Court of Appeals for the Second Circuit
Decided February 4, 1946No. 109PublishedCited by 8 opinions
1Opinion of the Court
CHASE, Circuit Judge.
It is apparent that the allegations in the original petition were insufficient, In re Rosenblatt & Co., 2 Cir., 193 F. 638, and the presently controverted issue is whether the proposed amendment would have cured the defects by adequately alleging an act of bankruptcy committed within four months of the filing of the petition within the requirement of § 3 sub. b of the Bankruptcy Act, 11 U.S.C.A. § 21, sub. b.
For present purposes we will assume, without deciding, that the waiver was a transfer which amounted to an act of bankruptcy. Yet it was executed not later, according…
2Cases cited2 opinions
- In re Sig. H. Rosenblatt & Co.Court of Appeals for the Second Circuit · 1912
- In re ShoesmithCourt of Appeals for the Seventh Circuit · 1905
3Cited by8 opinions
- Smiley v. First National Bank of Belleville (In re Smiley)Court of Appeals for the Seventh Circuit · 1989
- Congress Talcott Corp. v. Sicari (In Re Sicari)United States Bankruptcy Court, S.D. New York · 1994
- In the Matter of Denis Edward Bowyer, Debtor. Ncnb Texas National Bank, Formerly First Republicbank Austin v. Denis Edward BowyerCourt of Appeals for the First Circuit · 1990
- Marine Midland Bank v. Portnoy (In Re Portnoy)United States Bankruptcy Court, S.D. New York · 1996
- Palmer A. Peterson v. Faye v. Peterson, Robert W. Dygert and James P. RorrisCourt of Appeals for the Eighth Circuit · 1968
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