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Fishman v. Verlin

UNITED STATES COURT OF APPEALS SECOND CIRCUIT.


decided.: May 13, 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.

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,*fn1 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, well-reasoned opinion, the Referee concluded that an extension arrangement did not fall within the statutory bar and granted the discharge. His action the district judge confirmed.

We too uphold the discharge. Especially significant is the distinction between extensions and compositions under § 14, sub. c(5) which is found in the legislative history of the Chandler Act. H.Rep. No. 1409 at p. 29, 75th Cong., 1st Sess.

Affirmed.


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