Legal Opinion

In re Browne

District Court, E.D. New York

Decided November 14, 1939No. 36858PublishedCited by 1 opinion

1Opinion of the Court

BYERS, District Judge.

The bankrupt moves to dismiss his voluntary petition filed April 12; 1939, and the adjudication of the following day, because of his alleged error of fact in miscalculating the six year period covered by his earlier discharge, which did not expire until on or about July 21, 1939.

Three of his creditors oppose, thus distinguishing this case from In re Nash, D.C., 249 F. 375, and In re Feifer, D.C., 22 F. Supp. 541.

This bankrupt seeks to avoid In re Epstein, D.C., 12 F.Supp. 450, by calling his own vacillation of purpose, a mistake of fact. It is so much like the one of law…

2Cases cited3 opinions

  1. In re NashDistrict Court, S.D. West Virginia · 1918
  2. In re EpsteinDistrict Court, E.D. New York · 1935
  3. In re FeiferDistrict Court, S.D. New York · 1937

3Cited by1 opinion

  1. Moore v. LinahanCourt of Appeals for the Second Circuit · 1941

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