LEWIS
v.
ILLINOIS

U.S. | 1941-10-13
No. 77
314 U.S. 628 Supreme Court of the United States (1941) Positive Treatment
Cited by 4 cases

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  • Commercial Credit Corp. v. Skutt, 341 F.2d 177 (8th Cir. 1965)
    …intend to give a statutory right to creditors to contest the allegations in an involuntary petition.” See also Citizens National Bank of Lubbock v. Speer, 202 F. 2d 491 (5th Cir. 1953); Moore v. Linahan, 117 F. 2d 140 2nd Cir. (1941), cert. denied 314 U.S. 628, 62 S.Ct. 59, 86 L.Ed. 504 (1941). The Congress had a very good reason for eliminating the creditor’s right to appear in opposition to an involuntary petition in bankruptcy as reflected by House Report No. 1409 on H. R. 8046, 75th Cong., 1st Sess.…
  • In re Hudson & Manhattan R.R. Co. v. Stichman, 229 F.2d 616 (2d Cir. 1956)
    …. The debtor’s consent to reorganization and admission of inability to pay debts made the controverted allegations relating to acts of bankruptcy immaterial. In Moore v. Linahan, 2 Cir., 1941, 117 F. 2d 140, certiorari denied Sargent & Co. v. Moore, 314 U.S. 628, 62 S.Ct. 59, 86 L.Ed. 504, we held that under Chapter X the debtor’s answer, even though it requests reorganization and admits the allegations of the petition, cannot itself become a voluntary petition. We pointed out there, however, that the requi…

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