In re Saur
District Court, S.D. New York
In Bankruptcy. The following is the opinion of Referee Coxe: This is an application on the part of Sussfeld, Lorsch & Co., creditors of the bankrupt, for an order compelling the trustee in bankruptcy to file with the referee, in order that the petitioners may have an opportunity.to examine the same, the books and papers of the bankrupt estate, and also a certain report on the bankrupt’s financial affairs made by a public accountant at the instance of the trustee.
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In Bankruptcy. The following is the opinion of Referee Coxe: This is an application on the part of Sussfeld, Lorsch & Co., creditors of the bankrupt, for an order compelling the trustee in bankruptcy to file with the referee, in order that the petitioners may have an opportunity.to examine the same, the books and papers of the bankrupt estate, and also a certain report on the bankrupt’s financial affairs made by a public accountant at the instance of the trustee. The petitioners have proved a claim against the bankrupt estate in the amount of $18,539.66. They have also begun proceedings…
1Opinion of the Court
HOLT, District Judge.
The reasoning of the referee in this case appears, at first view, quite plausible. A trustee defending a reclamation proceeding apparently occupies quite a different relation toward the reclaiming creditor from what he does toward the body of general creditors. But I think, upon consideration, that the provisions of sections 47 and 49 of the bankrupt act (Act July 1, 1898, c. 541, 30 Stat. 557, 558 [U. S. Comp. St. 1901, p. 3439]) give .any person interested in any bankrupt estate an absolute statutory right to the inspection of all accounts and papers of the trustee, and…
2Cited by8 opinions
- In Re SymingtonUnited States Bankruptcy Court, D. Maryland · 1997
- In Re Winton Shirt CorporationCourt of Appeals for the Third Circuit · 1939
- In re SamuelsohnDistrict Court, W.D. New York · 1909
- Baltimore Sun Co. v. Astri Investment Management & Securities Corp. (In Re Astri Investment, Management & Securities Corp.)District Court, D. Maryland · 1988
- In re GreenbaumDistrict Court, E.D. Michigan · 1917
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