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HI-FLIER MFG. CO. v. HABERMAN

No. 106.

115 F.2d 918 (1940)

HI-FLIER MFG. CO. v. HABERMAN.

Circuit Court of Appeals, Second Circuit.

December 2, 1940.

Attorney(s) appearing for the Case

Abraham L. Popper, of New York City (Arthur Hutter, of New York City, on the brief), for appellant.

Feiring & Bernstein and Samuel N. Haberman, all of New York City (Michael Feiring, Barney Bernstein, and Eugene A. Cantor, all of New York City, on the brief), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The question presented for review herein is whether, upon an adjudication of bankruptcy in proceedings commenced for an arrangement under Bankruptcy Act, Chapter XI, proof of claim must be filed within three months, or within six months, of the first date set for the first meeting of creditors. The shorter period is provided by Bankruptcy Act, § 355, 11 U.S. C.A. § 755, applicable where an adjudication is had in a Chapter XI proceeding...

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