In re Shidlovsky
| Decision Date | 22 June 1915 |
| Docket Number | 315. |
| Citation | 224 F. 450 |
| Parties | In re SHIDLOVSKY. |
| Court | U.S. Court of Appeals — Second Circuit |
Samuel Dickstein, of New York City, for plaintiff in error.
Stern, Barr & Tyler, of New York City (Henry C. Moses, of New York City, of counsel), for appellee.
Before LACOMBE, COXE, and WARD, Circuit Judges.
December 14, 1913, Sussman Shidlovsky, a manufacturer of dresses, carrying on business under the name of S. Shidlovsky & Co., having collected accounts to the amount of $2,262.24, disappeared, and did not return to the city for about a month.
December 15th an involuntary petition in bankruptcy was filed against him and a receiver appointed.
February 6, 1914, the receiver obtained an order requiring Shidlovsky to show cause why he should not be compelled to turn over $1,773.59 to him.
February 9, 1914, the matter was referred to a special master to take testimony and report.
October 8th the special master reported that the bankrupt had collected $2,262.24 and had not accounted for the disposition of such moneys in the sum of $810, and that he should be ordered to turn that amount over as moneys in his possession to the trustee.
November 13th Judge Learned Hand, upon exceptions filed by the trustee to the report, entered an order requiring the bankrupt to pay over $1,470 to the trustee.
November 21st the bankrupt took this appeal.
We think this was a step in the bankruptcy proceedings from which no appeal lies under section 24a, and as the claim does not fall within any one of the three categories in which appeals in bankruptcy proceedings are permitted by section 25a, the only remedy was by petition to revise, under section 24b. In re Mertens, 142 F. 445, 73 C.C.A. 561; Kirsner v. Taliaferro, 202 F. 51, 120 C.C.A. 305.
Appeal dismissed.
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Henkin v. Fousek
... ... the bankrupt to turn over money or property to his trustee is ... by petition to revise, and not by appeal. Kirsner v ... Taliaferro, 120 C.C.A. 305, 202 F. 51; In re ... Mertens, 73 C.C.A. 561, 142 F. 445; In re ... Shidlovsky, 140 C.C.A. 654, 224 F. 450; Fisher v ... Cushman, 43 C.C.A. 381, 103 F. 860, 51 L.R.A. 292; ... Lazarus v. Harding, 138 C.C.A. 414, 223 F. 50 ... This ... case was brought to this court by the proper proceeding, but ... it does not follow that under it all the questions can be ... ...
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Henkin v. Fousek
...177 F. 337, 100 C.C.A. 647; Kirsner v. Taliaferro, 202 F. 51, 120 C.C.A. 305; In re Mertens, 142 F. 445, 73 C.C.A. 561; In re Shidlovsky, 224 F. 450, 140 C.C.A. 654; Knappenburg v. Rowan, 258 F. 121, 169 C.C.A. Adams v. Deckers Valley Lumber Co., 202 F. 48, 120 C.C.A. 302; Henkin v. Fousek,......
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United States v. Moore
... ... to revise in matter of law 'the proceedings of the ... several inferior courts of bankruptcy' within our ... jurisdiction; and the order cannot be brought here for ... examination in any other way than by petition to revise. In ... the case of In re Shidlovsky, 224 F. 450, 140 C.C.A ... 654, this court held that in such cases the only remedy is by ... petition to revise under section 24b. In Kirsner v ... Taliaferro, 202 F. 51, 120 C.C.A. 305, the Circuit Court ... of Appeals for the Fourth Circuit held that an order ... requiring a bankrupt to ... ...
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In re Wood
... ... We ... think it should be reviewed on a petition to revise, rather ... than by an appeal. Hoskins v. Funk, 239 F. 278, 152 ... C.C.A. 266. It was apparently intended to be in the nature of ... a turn-over proceeding, and the petition to revise is the ... only remedy. In re Shidlovsky, 224 F. 450, 140 ... C.C.A. 654. The appeal will therefore be dismissed ... We ... think that the trustee mistook his remedy in applying for and ... securing a summary order. It is within the power of the ... bankruptcy court to assert and exercise a summary power over ... the ... ...