Kinder v. Scharff, 231 U.S. 517 (1913)

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Kinder v. Scharff

No. 99

Argued December 4, 5, 1913
Decided December 15, 1913
231 U.S. 517

ERROR TO THE SUPREME COURT

OF THE STATE OF LOUISIANA

Syllabus

After the estate has been closed and the two-year period prescribed by § 11d of the Bankruptcy Act has run, the proceeding cannot be reopened on ex parte statements to enable the trustee to attack on the ground of fraud a sale made by the bankrupt where, as in this case, the trustee had the opportunity of commencing an action for that purpose before the expiration of the period.

The Bankruptcy Court cannot, under § 2(8), remove the bar of § 11d at its own will simply because the trustee may have changed his mind and wishes to institute a suit which he might have instituted prior to the operation of § 11d.

129 La. 218 affirmed.

The facts, which involve the construction and application of the limitation prescribed by § 11d of the Bankruptcy Act of 1898, are stated in the opinion.