Legal Opinion

Kroell v. New York Ambassador, Inc.

Court of Appeals for the Second Circuit

Decided December 18, 1939No. 61PublishedCited by 20 opinions

1Opinion of the Court

CLARK, Circuit Judge.

A preliminary question arises herein 'as to the jurisdiction of the court to consider on the merits a proposed amendment to an involuntary petition for reorganization of a corporation after a motion for dismissal of the petition had been granted. Appellee claims that under In re Glory Bottling Co. of New York, 2 Cir., 283 F. 110, 112, a bankruptcy court has no jurisdiction to consider an amendment to an involuntary petition after it has been dismissed.

Here the original petition against the appellee, filed January 28, 1939, was dismissed on February 2, 1939, because, as…

2Cases cited24 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Wayne United Gas Co. v. Owens-Illinois Glass Co.Supreme Court of the United States · 1937
  3. Bowers v. New York & Albany Lighterage Co.Supreme Court of the United States · 1927
  4. Bowers, Collector of Internal Revenue v. New York & Albany Lighterage Co. Same v. Seaman. Same v. FullerSupreme Court of the United States · 1927
  5. Bank v. ShermanSupreme Court of the United States · 1880

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3Cited by20 opinions

  1. Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
  2. Kelly v. Delaware River Joint CommissionCourt of Appeals for the Third Circuit · 1951
  3. United States v. Newbury Mfg. Co.Court of Appeals for the First Circuit · 1941
  4. Perlman v. 322 West Seventy-Second Street Co.Court of Appeals for the Second Circuit · 1942
  5. In Re CrabtreeUnited States Bankruptcy Court, E.D. Tennessee · 1984

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