Legal Opinion

I. & I. Holding Corp. v. Greenberg

Court of Appeals for the Second Circuit

Decided November 5, 1945No. 26PublishedCited by 5 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This appeal raises an interesting question which counsel say is one of first impression, namely, whether denial of a discharge in a pending bankruptcy proceeding precludes the bankrupt from obtaining confirmation of a plan of arrangement thereafter presented in the same proceeding.

The facts are not in dispute. Upon an involuntary petition Henry Greenberg was adjudicated bankrupt on December 29, 1939. After a contest on the merits his discharge was denied by the referee on the ground that he had committed acts barring a discharge under the Bankruptcy Act, and the referee’s…

2Cases cited14 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. Concrete Appliances Co. v. GomerySupreme Court of the United States · 1925
  3. Bluthenthal v. JonesSupreme Court of the United States · 1908
  4. Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
  5. Perlman v. 322 West Seventy-Second Street Co.Court of Appeals for the Second Circuit · 1942

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3Cited by5 opinions

  1. Chevron Corp. v. DonzigerDistrict Court, S.D. New York · 2014
  2. Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948
  3. Murray Ferguson, Trustee Under Chapter X Proceeding for Equitable Plan Company, Debtor v. Bucks County Farms, Inc.Court of Appeals for the Third Circuit · 1960
  4. In Re SchindlerDistrict Court, E.D. New York · 1947
  5. Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948

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