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LEVENSON v. B. & M. FURNITURE CO.

No. 370.

120 F.2d 1009 (1941)

LEVENSON v. B. & M. FURNITURE CO., Inc.

Circuit Court of Appeals, Second Circuit.

June 17, 1941.

Attorney(s) appearing for the Case

Sidney Wedeen and Cohen & Wedeen, all of New York City, for appellant.

Abraham Chaice, of New York City, for appellee.

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

PER CURIAM.

It is quite true that the creditor can have no relief in this situation without proving fraud by the debtor; but it is a mistake to suppose that the whole "arrangement" must then be set aside. The first subdivision of § 386, 11 U.S.C.A. § 786, does indeed require that this shall be done and that the estate shall be liquidated, and the second presupposes that the plan shall be altered or modified generally; but the third subdivision demands neither...

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