Kinder v. Scharff

Citations

• 231 U.S. 517
• 34 S. Ct. 164
• 58 L. Ed. 343
• 1913 U.S. LEXIS 2529

Syllabus

<p>After the estate has been closed and the two year period prescribed by § lid 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.</p> <p>The Bankruptcy Court-cannot under § 2 (8) remove the bar of § lid 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 § lid.</p>