Legal Opinion

Isberg v. Butler Bros.

Court of Appeals for the Sixth Circuit

Decided November 6, 1931No. 5720PublishedCited by 2 opinions

1Opinion of the Court

HICKS, Circuit Judge.

The question for decision is, whether confirmation of a composition in bankruptcy bars a later confirmation of composition within six years. The District Judge thought it did. We cannot accept this view.

The matter is of primary impression. Congress for the first time provided for composition in bankruptcy by the amendment of June 22, 1874 (18 Stat. 178), to the Bankruptcy Act of 1867 (14 Stat. 517). Neither that act nor any amendment thereto limited the number of compositions a bankrupt might obtain within any given period, nor does the present act expressly do so. The…

2Cases cited18 opinions

  1. Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
  2. Bluthenthal v. JonesSupreme Court of the United States · 1908
  3. Gilpin v. Merchants' Nat. BankCourt of Appeals for the Third Circuit · 1908
  4. Myers v. International Trust Co.Supreme Court of the United States · 1927
  5. Nassau Smelting & Refining Works, Ltd. v. Brightwood Bronze Foundry Co.Supreme Court of the United States · 1924

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3Cited by2 opinions

  1. Asher v. United StatesCourt of Appeals for the Eighth Circuit · 1933
  2. In Re GoldbergCourt of Appeals for the Sixth Circuit · 1931

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