Legal Opinion

In Re Kardos

Court of Appeals for the Second Circuit

Decided February 7, 1927No. 162, 163PublishedCited by 9 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). Neither the Bankruptcy Act (Comp. St. §§ 9585-9656) nor the General Orders prescribe in detail how a proof of debt shall be drawn. Section 57 (Comp. St. § 9641) and forms 31 and 32 give outlines, but nothing more. The exact wording of a proof of debt, like a pleading, must always be largely a matter of practice or habit.

It cannot be doubted that a proof can be submitted, making claim against-both a partnership estate and the estates of the individual partners. There is nothing necessarily inconsistent m making such demand. In re Coe (C. C. A.) 183 F. 745,…

2Cases cited5 opinions

  1. Bowen v. ChapmanCourt of Appeals for the Seventh Circuit · 1906
  2. In re CoeCourt of Appeals for the Second Circuit · 1910
  3. In re KesslerCourt of Appeals for the Second Circuit · 1911
  4. In re McCallum & McCallumDistrict Court, E.D. Pennsylvania · 1904
  5. In re CoeDistrict Court, S.D. New York · 1909

3Cited by9 opinions

  1. In Re G. L. Miller & Co.Court of Appeals for the Second Circuit · 1930
  2. Tarbell v. Crex Carpet Co.Court of Appeals for the Eighth Circuit · 1937
  3. United States v. RothCourt of Appeals for the Second Circuit · 1948
  4. William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  5. In Re Nucorp Energy, Inc.United States Bankruptcy Court, S.D. California · 1985

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API