FALLICK v. KEHR

No. 157, Docket 30549.

369 F.2d 899 (1966)

In the Matter of Lowell S. FALLICK, Bankrupt-Appellant, v. Harry KEHR, Appellee.

United States Court of Appeals Second Circuit.

Decided December 14, 1966.


Attorney(s) appearing for the Case

Michael Berman, New York City (David H. Berman, New York City, on the brief), for bankrupt-appellant.

Alan Shapiro, New York City (Nathan Shapiro, New York City, on the brief), for appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

From this deceptively simple case emerges a difficult issue — must a bankruptcy court prevent an arbitrator from deciding whether a debt has been discharged in bankruptcy? We hold that no flat rule is justified and that the matter rests in the discretion of the bankruptcy court. Finding no abuse in the exercise of that discretion by the United States District Court for the Southern District of New York, John F. X. McGohey, J., we affirm...

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