Traub v. Marshall Field & Co.
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise from the District Court of the United States for the Northern District of Alabama. In the matter of Jacob Traub, bankrupt. A "petition to reopen the estate was granted by the District Court, and the bankrupt files a petition to revise the order. This was an application by a creditor to reopen a bankrupt’s estate. The application was granted against the bankrupt’s objection, and this action of the District Court is sought to be reviewed.
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Petition to Superintend and Revise from the District Court of the United States for the Northern District of Alabama. In the matter of Jacob Traub, bankrupt. A "petition to reopen the estate was granted by the District Court, and the bankrupt files a petition to revise the order. This was an application by a creditor to reopen a bankrupt’s estate. The application was granted against the bankrupt’s objection, and this action of the District Court is sought to be reviewed. Traub was adjudged a bankrupt, on December 4, 1907. A trustee was appointed shortly afterward, and on- December 10, 1909,…
1Per curiam
Conceding, but not holding, that a bankrupt may oppose a petition of creditors to reopen a bankrupt’s estate because closed before being fully administered (Bankruptcy Law July 1, 1898, c. 541, § 2, par. 8, 30 Stat. 545 [U. S. Comp. St. 1901, p. 3420]), we are of opinion that in this case it was not necessary that the petition to reopen should show what property was surrendered by the bankrupt, or what representations were made in his schedules, nor that any creditor was deceived by the representations in the schedules.
Vary v. Jackson, 164 Fed. 840, 90 C. C. A. 602, decided! by this court,…
2Cases cited1 opinion
- Vary v. JacksonCourt of Appeals for the Fifth Circuit · 1908
3Cited by6 opinions
- Grand Union Equipment Co. v. LippnerCourt of Appeals for the Second Circuit · 1948
- Stackhouse v. Plumlee (In Re Plumlee)District Court, E.D. Virginia · 1999
- Cole v. Fifth Third Bank, Inc. (In re Cole)United States Bankruptcy Court, N.D. Georgia · 2014
- In Re HaskettUnited States Bankruptcy Court, N.D. Alabama · 2003
- In re WeintrobDistrict Court, E.D. North Carolina · 1920
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