Legal Opinion

National City Bank v. Brislin

Court of Appeals for the Second Circuit

Decided January 8, 1934No. 110PublishedCited by 14 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

This appeal raises the question whether a creditor of a bankrupt estate which has failed to file a proof of claim within the six months succeeding adjudication should be allowed to file it nunc pro tune under the particular circumstances disclosed by the record. In our opinion the statute is a complete bar.

The time within which claims may be proved is governed by section 57n of the Bankruptcy Act, 11 USCA § 93 (n), which provides as'follows: “(n) Claims shall not be proved against a bankrupt estate subsequent to six months after the adjudication; or if they are…

2Cases cited7 opinions

  1. In Re G. L. Miller & Co.Court of Appeals for the Second Circuit · 1930
  2. In Re LipmanCourt of Appeals for the Second Circuit · 1933
  3. First Nat. Bank v. WestCourt of Appeals for the Third Circuit · 1915
  4. Scottsville Nat. Bank v. GilmerCourt of Appeals for the Fourth Circuit · 1930
  5. In Re SilkCourt of Appeals for the Second Circuit · 1932

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

3Cited by14 opinions

  1. Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
  2. In re Gibraltor-Amusements Ltd.Court of Appeals for the Second Circuit · 1963
  3. In Re Supernit, Inc. Appeal of BoydCourt of Appeals for the Third Circuit · 1950
  4. In Re Sems Music Co., Inc.United States Bankruptcy Court, M.D. Tennessee · 1982
  5. In Re HertzUnited States Bankruptcy Court, S.D. New York · 1984

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

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