Legal Opinion

In the Matter of Freeport Italian Bakery, Inc., Bankrupt

Court of Appeals for the Second Circuit

Decided January 8, 1965No. 29209_1PublishedCited by 43 opinions

1Opinion of the Court

HAYS, Circuit Judge.

A general creditor of the bankrupt corporation seeks the removal of the trustee, Dominick Cataldo, on grounds of improper election, for making false and fraudulent claims against the bankrupt estate in his capacity as creditor, and for failing to prosecute the claims of the estate to its detriment. The referee denied this relief without opinion.

In another motion the same creditor seeks to expunge the claims filed by the trustee, Dominick Cataldo, and Cataldo’s mother-in-law, Ortenza Bellacicco, for lack of consideration and because of fraudulent statements made to obtain…

2Cases cited6 opinions

  1. Fred Reuping Leather Co. v. Fort Greene Nat. Bank of Brooklyn, N. Y.Court of Appeals for the Third Circuit · 1939
  2. Schwartz v. MillsCourt of Appeals for the Second Circuit · 1951
  3. In the Matter of Eloise Curtis, Inc., Bankrupt, James Talcott, Inc., a Creditor, James G. Foley, TrusteeCourt of Appeals for the Second Circuit · 1964
  4. In re Allen B. Wrisley Co.Court of Appeals for the Seventh Circuit · 1904
  5. Securities, Inc. v. Kilsheimer IIICourt of Appeals for the Second Circuit · 1964

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

3Cited by43 opinions

  1. In re BH & P Inc.Court of Appeals for the Third Circuit · 1991
  2. Matter of WT Grant Co.United States Bankruptcy Court, S.D. New York · 1980
  3. AFI Holding, Inc. v. BrownCourt of Appeals for the Ninth Circuit · 2008
  4. Hassett v. McColley (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  5. In Re LundborgUnited States Bankruptcy Court, D. Connecticut · 1990

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

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