Finn v. Meighan, 325 U.S. 300 (1945)

Finn v. Meighan

No. 953

Argued April 27, 1945
Decided May 21, 1945
325 U.S. 300

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Section 70(b) of the Bankruptcy Act as amended, which § 102 makes applicable to proceedings under Chapter X, authorizes enforcement of an express covenant providing for termination of the lease upon approval of a petition under Chapter X for reorganization of the lessee. P. 302.

2. A provision of a lease authorizing forfeiture "if the tenant shall be adjudged bankrupt or insolvent by any Court" held operative upon approval of a petition for reorganization of the tenant under Chapter X of the Bankruptcy Act. P. 303.

3. Since the covenant here provides for forfeiture upon an adjudication of insolvency "by any Court," it is not to be construed as limited to an adjudication of insolvency by New York courts under the Debtor and Creditor Law. P. 304.

146 F.2d 594 affirmed.

Certiorari, 324 U.S. 834, to review the affirmance of an order in a proceeding under Chapter X of the Bankruptcy Act adjudging the termination of a lease held by the debtor.