In re Albert, 36254.

• Decision Date: 25 September 1941
• Docket Number: No. 36254.,36254.
• Citation: 40 F. Supp. 980
• Parties: In re ALBERT.
• Court: U.S. District Court — Eastern District of New York

40 F. Supp. 980

In re ALBERT.

No. 36254.

District Court, E. D. New York.

September 25, 1941.

Meyer Kraushaar, of New York City, for objecting creditor.

Michael Friedman, of Brooklyn, N. Y. (Herman G. Robbins, of Brooklyn, N. Y., of counsel), for bankrupt.

MOSCOWITZ, District Judge.

This is a motion for an order extending the objecting creditor's time to file a petition for review of an order made by the Referee in charge of this case on January 11, 1941, granting the bankrupt his discharge.

On January 31, 1941, the creditor made a motion for an order extending his time to file a petition for review of the order of the Referee above referred to. This application was denied in all respects on February 7, 1941, by one of the Judges of this Court. An appeal was taken from said order, and on July 22, 1941, the Circuit Court of Appeals of this Circuit, 2 Cir., 122 F.2d 393, reversed the order of the Judge and directed that this Court "in the exercise of a sound discretion in the light of all the relevant circumstances" pass upon the motion of the creditor for leave to review the order granting the bankrupt his discharge.

The bankrupt filed his petition for discharge on January 4, 1939. The objecting creditor filed objections and extensive hearings (500 pages of testimony) were held before the Referee. The case was submitted to the Referee in June, 1940. On July 8, 1940, the creditor's exhibits were filed with the Referee. On November 25, 1940, the Referee filed an opinion. On December 26, 1940, the objecting creditor through his attorney learned of the filing of the opinion. Said attorney informed the attorney for the bankrupt that he intended to review the decision of the Referee and asked whether he would present an order complying with the Referee's decision. He requested the bankrupt's attorney to return the minutes of the hearings in order to enable him to prepare his brief. The minutes were not returned. On December 28, 1940, the bankrupt's attorney gave notice of settlement of an order in compliance with the Referee's decision.

The objecting creditor's attorney requested his associate to ascertain the time within which an appeal should be taken under the Bankruptcy Act, 11 U.S.C.A. § 1 et seq. His associate mistakenly informed the attorney for the creditor that said appeal could be taken within thirty days after notice of entry is served. On January 22, 1941, upon an examination of Collier on Bankruptcy the associate of the attorney for the...