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In re Goldman

In re GOLDMAN. In re GILBERT

In re Goldman, 129 F. 212 (2d Cir. 1904)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
March 10, 1904
Docket
No. 188
Citations
129 F. 21263 C.C.A. 3701904 U.S. App. LEXIS 4040
Cited by 6
Syllabus
1. Bankruptcy — Reopening Estate — Discretion of Court. While a court of bankruptcy has power to reopen the estate of a bankrupt to permit the trustee to maintain an action to recover concealed assets, the granting of an application therefor rests in its discretion, and its action will not be reversed except for an abuse of discretion.
Summary
Petition to Review Order of the District Court of the United States for the Southern District of New York.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

We have no doubt of the power of the court to reopen the estate of the bankrupt or of the right of the trustee to maintain action necessary to recover concealed assets. But the motion was addressed to the sound discretion of the District Judge, and we are not satisfied that it was not properly exercised, in the interests of preventing litigation of insignificant importance. Had the application been made by the original creditors it would be regarded with more favor. ■

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Cited by 6 cases

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1916: 11918: 11920: 11928: 11940: 12025: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Duncan v. Watson73 So. 448 (Ala. 1916)
  2. In re Graff250 F. 997 (2d Cir. 1918)
  3. In re Carlucci Stone Co.269 F. 795 (M.D. Penn. 1920)
  4. Mohonk Realty Corporation v. Wise Shoe Stores111 F.2d 287 (2d Cir. 1940)
  5. In re Schreiber23 F.2d 428 (2d Cir. 1928)
  6. Congoleum Corporation v.No. 23-1295 (3d Cir. Aug. 22, 2025)

Most recent

  1. Congoleum Corporation v.No. 23-1295 (3d Cir. Aug. 22, 2025)
  2. Mohonk Realty Corporation v. Wise Shoe Stores111 F.2d 287 (2d Cir. 1940)
  3. In re Schreiber23 F.2d 428 (2d Cir. 1928)
  4. In re Carlucci Stone Co.269 F. 795 (M.D. Penn. 1920)
  5. In re Graff250 F. 997 (2d Cir. 1918)
  6. Duncan v. Watson73 So. 448 (Ala. 1916)

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.

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