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Kinder v. Scharff, 231 U.S. 517 (1913)
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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.
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Kinder v. Scharff, 231 U.S. 517 (1913) in 231 U.S. 517 231 U.S. 520. Original Sources, accessed June 30, 2025, http://www.originalsources.com/Document.aspx?DocID=2SD8B8FNQ8LL1K8.
MLA:
U.S. Supreme Court. "Syllabus." Kinder v. Scharff, 231 U.S. 517 (1913), in 231 U.S. 517, page 231 U.S. 520. Original Sources. 30 Jun. 2025. http://www.originalsources.com/Document.aspx?DocID=2SD8B8FNQ8LL1K8.
Harvard:
U.S. Supreme Court, 'Syllabus' in Kinder v. Scharff, 231 U.S. 517 (1913). cited in 1913, 231 U.S. 517, pp.231 U.S. 520. Original Sources, retrieved 30 June 2025, from http://www.originalsources.com/Document.aspx?DocID=2SD8B8FNQ8LL1K8.
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