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  • Leatherhide Industries, Inc., Debtor-Appellant v. Sidney Lieberman, Objecting Creditor-Appellee, 261 F.2d 560, 2d Cir. (1958)

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    The United States Court of Appeals reversed the district court's dismissal of a debtor's petition for reorganization. The appeals court found that the district court's determination that reorganization would be futile was based on an insufficient record, as there were no findings or evidence presented regarding the debtor's financial condition or prospects. The appeals court remanded the case back to the district court to make adequate findings after considering relevant evidence.

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    Filed: 1958-11-20 Precedential Status: Precedential Citations: 261 F.2d 560 Docket: 25398_1

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    The United States Court of Appeals reversed the district court's dismissal of a debtor's petition for reorganization. The appeals court found that the district court's determination that reorganization would be futile was based on an insufficient record, as there were no findings or evidence presented regarding the debtor's financial condition or prospects. The appeals court remanded the case back to the district court to make adequate findings after considering relevant evidence.

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    Leatherhide Industries, Inc., Debtor-Appellant v. Sidney Lieberman, Objecting Creditor-Appellee, 261 F.2d 560, 2d Cir. (1958)

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    Scribd Government Docs
    The United States Court of Appeals reversed the district court's dismissal of a debtor's petition for reorganization. The appeals court found that the district court's determination that reorganization would be futile was based on an insufficient record, as there were no findings or evidence presented regarding the debtor's financial condition or prospects. The appeals court remanded the case back to the district court to make adequate findings after considering relevant evidence.

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    of 1

    261 F.

    2d 560

    LEATHERHIDE INDUSTRIES, INC., Debtor-Appellant,


    v.
    Sidney LIEBERMAN, Objecting Creditor-Appellee.
    No. 166.
    Docket 25398.

    United States Court of Appeals Second Circuit.


    Argued November 3 and 5, 1958.
    Decided November 20, 1958.

    Bernard J. Coven, New York City, for debtor-appellant.


    Alfred A. Rosenberg, Brooklyn, N. Y. (Louis P. Rosenberg, Brooklyn, N.
    Y., on the brief), for objecting creditor-appellee.
    Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and
    GALSTON, District Judge.
    PER CURIAM.

    The order below dismissing this debtor's petition for reorganization on the
    court's determination that reorganization would be futile appears to us to be
    based upon an insufficient record. There are no findings and apparently no
    evidence showing the debtor's financial condition or prospects. The court
    should make adequate findings to support its result after taking such evidence
    as it deems desirable. Accordingly the order below must be reversed and the
    action remanded to the district court.

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