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In re Jablow

In re JABLOW. Petition of BROAD & MARKET NAT. BANK

In re Jablow, 15 F.2d 132 (2d Cir. 1926)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
November 1, 1926
Docket
No. 18
Judges
Hand, Hough, Manton
Citations
15 F.2d 1321926 U.S. App. LEXIS 2821

Opinion of the Court — Manton

Text extracted by OCR from a scanned original; check the original for exact wording.

MANTON, Circuit Judge.

The Broad & Market National Bank .consented to the com *133 position referred to in this bankruptcy proceeding, which is the subject of consideration in appeal No. 54 decided this day. 15 F.(2d) 131 .

The argument presented is'that the order here reviewed improperly denies this creditor’s petition to vacate the referee’s certificate of conformity in respect to the composition and to strike out its written consent thereto. It is that section 12 of the Bankruptcy Act (Comp. St. § 9596) prohibits the procurement of consents to an acceptance before a meeting of creditors or examination of the bankrupt. This record is barren of proof as to whether or not the bankrupt was examined or had filed his schedules. Having consented in writing and now asking relief therefrom, this appellant bears the burden of establishing that there was (a) no examination in open court or a meeting of creditors, or (b) that schedules were not filed before the offer was made. This burden it has not sustained. i

Consents given in writing will not be withdrawn with the court’s approval, in the absence of fraud or misrepresentations in their procurement. In re Levy (D. C.) 110 F. 744 . There is no proof of fraud or misrepresentation in this record. The appellant must therefore be held to its consent thus solemnly given.

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 11936: 11937: 21963: 11969: 119272026peak 1937 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
In re Levy, 110 F. 744 (W.D. Pa. 1901) 10
In re Jablow, 15 F.2d 131 (2d Cir. 1926) 3

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