Legal Opinion

In re Stamler

District Court, D. New Jersey

Decided May 19, 1934Published

1Opinion of the Court

CLARK, District Judge.

The court is constrained toi order the discharge of the above-named bankrupt. It says “constrained” advisedly. Our bankruptcy system has been set up largely on a theory of “creditor control.” It has been our legislative view that since the creditors are principal parties in interest they should be left to work out their own salvation. Like a great many other theories, this one overlooks the practical facts. Often the ultimate sufferers by a bankruptcy are not the technical creditors. They may be the consumers to whom merchandise creditors sell or they may be, as in this…

2Cases cited6 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. Freshman v. AtkinsCourt of Appeals for the Fifth Circuit · 1923
  3. In re NorthridgeDistrict Court, S.D. New York · 1931
  4. American State Bank v. UllrichCourt of Appeals for the Eighth Circuit · 1928
  5. In re WhitneyDistrict Court, D. Massachusetts · 1918

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