Legal Opinion

In the Matter of Jack Borgenicht, Debtor. Jack Borgenicht v. Creditors' Committee

Court of Appeals for the Second Circuit

Decided May 31, 1973No. 820, Docket 73-1027PublishedCited by 7 opinions

1Per curiam

This appeal from an order of the District Court for the Southern District of New York denying a petition to review an order of Referee Babitt raises the question whether a debtor who has been party to a confirmed arrangement under Chapter XI of the Bankruptcy Act may apply for leave to file an application for an extension of time to make payments under § 363 although the court did not retain jurisdiction pursuant to § 368. Although expressing sympathy with the debtor, the referee thought that the statute clearly precluded the relief sought. We agree and can add nothing useful to his excellent…

2Cases cited5 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  3. Karl Friedrich Haller v. P. A. Esperdy, as District Director of the Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1968
  4. Seedman v. FriedmanCourt of Appeals for the Second Circuit · 1942
  5. United States v. Avco Corp.District Court, D. Connecticut · 1967

3Cited by7 opinions

  1. Paulina Perez v. Jule M. Sugarman, and New York Foundling Hospital and St. Joseph's Home of PeekskillCourt of Appeals for the Second Circuit · 1974
  2. In Re FIDELITY MORTGAGE INVESTORS, Debtor. LIFETIME COMMUNITIES, INC., Appellant, v. the ADMINISTRATIVE OFFICE OF the UNITED STATES COURTS, AppelleeCourt of Appeals for the Second Circuit · 1982
  3. Matter of ScherUnited States Bankruptcy Court, S.D. New York · 1981
  4. Matter of Benrus Watch Co., Inc.United States Bankruptcy Court, S.D. New York · 1981
  5. Matter of Stratton Group, Ltd.United States Bankruptcy Court, S.D. New York · 1981

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