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Fidelity Assur. Assn. v. Sims, 318 U.S. 608 (1943)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fidelity Assur. Assn. v. Sims, 318 U.S. 608 (1943)
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Fidelity Assurance Association v. Sims No. 319 Argued February 9, 10, 1943 Decided April 5, 1943 318 U.S. 608
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. In the light of the character and history of the business of the insolvent corporation in this case, held that its petition for reorganization under Chapter X of the Bankruptcy Act should have been dismissed as not filed in "good faith" within the meaning of § 146 (3), (4), since it was unreasonable to expect that the company could be reorganized as a going concern, and since the interests of creditors would be best subserved in prior proceedings pending in state courts. Pp. 618-619.
2. Chapter X of the Bankruptcy Act may not be availed of merely for the purpose of liquidation. P. 621.
129 F.2d 442 affirmed.
Certiorari, 317 U.S. 614, to review the reversal of an order of the District Court, 42 F.Supp. 973, approving a plan of reorganization under Chapter X of the Bankruptcy Act.
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Chicago: U.S. Supreme Court, "Syllabus," Fidelity Assur. Assn. v. Sims, 318 U.S. 608 (1943) in 318 U.S. 608 318 U.S. 609. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=D8WM8AZIZ1KSJQ6.
MLA: U.S. Supreme Court. "Syllabus." Fidelity Assur. Assn. v. Sims, 318 U.S. 608 (1943), in 318 U.S. 608, page 318 U.S. 609. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=D8WM8AZIZ1KSJQ6.
Harvard: U.S. Supreme Court, 'Syllabus' in Fidelity Assur. Assn. v. Sims, 318 U.S. 608 (1943). cited in 1943, 318 U.S. 608, pp.318 U.S. 609. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=D8WM8AZIZ1KSJQ6.
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