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IN RE KAPLAN

17 F.Supp. 956 (1937)

In re KAPLAN et al.

District Court, S. D. New York.

January 6, 1937.

Attorney(s) appearing for the Case

Alfred J. Bohlinger, of New York City, for bankrupts.

Benjamin Siegel, of New York City, for trustee Jacob Futterman, of New York City, for petitioning creditors.

Robert P. Stephenson, of New York City, referee in bankruptcy.

KNOX, District Judge.

In dismissing the trustee's third specification of objection to the discharge of the bankrupts, I think the special master viewed the provisions of section 14b (7) of the statute, as amended (11 U.S.C.A. § 32 (b) (7) too narrowly. If the ruling were to stand, it would mean that a matter of substance in respect to the rights of creditors is to be sacrificed out of deference to a mere modal consideration. A bankruptcy proceeding, in which...

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