IN RE PLOTKIN


247 F.Supp. 293 (1965)

In the Matter of Allen PLOTKIN, Bankrupt.

United States District Court S. D. New York.

November 4, 1965.


Attorney(s) appearing for the Case

Oppenheim & Oppenheim, Monticello, N. Y., for bankrupt, Stephen L. Oppenheim, Monticello, N. Y., of counsel.

Rosen & Rosen, Monticello, N. Y., for Frances Sternberg, etc. objecting creditor, Robert M. Rosen, Monticello, N. Y., of counsel.


MacMAHON, District Judge.

In the matter before us, the Referee in Bankruptcy entered two different orders on two different dates. Each discharged the bankrupt over a creditor's objection. The question is which of the orders determines whether the creditor's petition to review is timely under Section 39, sub. c of the Bankruptcy Act, as amended, 11 U.S.C. § 67, sub. c (1964).

The facts are clear and undisputed. The referee entered his first order on July...

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