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IN RE WEITZEN

3 F.Supp. 698 (1933)

In re WEITZEN.

District Court, S. D. New York.

May 2, 1933.

Attorney(s) appearing for the Case

Max F. Finkelstein, of New York City, for Independent Ice Co.

Abraham Greenberg, of New York City, for bankrupt.

CAFFEY, District Judge.

The agreement to waive the benefit of bankruptcy is unenforceable. To sustain a contractual obligation of this character would frustrate the object of the Bankruptcy Act, particularly of section 17 (11 USCA § 35). This was held by the Supreme Judicial Court of Massachusetts, Federal Nat. Bank v. Koppel, 253 Mass. 157, 148 N. E. 379, 380, 40 A. L. R. 1443, where it was said: "It would be repugnant to the purpose of the Bankruptcy Act to...

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