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FISHMAN v. VERLIN

No. 287, Docket 24791.

255 F.2d 682 (1958)

Samuel J. FISHMAN, Objecting-Creditor-Appellant, v. Isadore VERLIN, Murray Verlin and Samuel Malkin, individually and as co-partners, doing business as Verlin & Sons and as White City Packing Company, Bankrupts-Appellees.

United States Court of Appeals Second Circuit.

Decided May 13, 1958.

Attorney(s) appearing for the Case

Samuel L. Nadler, of Finkel & Nadler, New York City, for objecting-creditor-appellant.

Paul H. Riess, of Genzer, Sachs, Marcus & Riess, New York City, for bankrupts-appellees.

Before CLARK, Chief Judge, and HINCKS and STEWART, Circuit Judges.

PER CURIAM.

This appeal, arising upon stipulated facts, presents but one question, viz., whether a debtor is barred from a discharge under Section 14, sub. c(5) of the Bankruptcy Act,1 11 U.S.C.A. § 32, sub. c(5), where he was forced into involuntary bankruptcy within six years after entering into an extension arrangement under which only 13% of the debts had been paid. In a comprehensive...

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