Wilson v. Hy-Lan Furniture Co.

U.S. Court of Appeals for the Fourth Circuit
Wilson v. Hy-Lan Furniture Co., 332 F.2d 284 (4th Cir. 1964)

Wilson v. Hy-Lan Furniture Co.

Opinion of the Court

PER CURIAM.

Hy-Lan Furniture Company, Incorporated, asserts that it was not afforded an *285adequate opportunity to present proof of its claim in this bankruptcy proceeding. The District Court determined that two letters written January 2, 1963 by Hy-Lan to the Referee constituted proof of claim. The issue of Hy-Lan’s opportunity to furnish further proof primarily raises a question of fact.

Consideration of the record, briefs and argument persuades us that the District Judge properly affirmed the order of the Referee disallowing Hy-Lan’s claim in part. The District Judge did not abuse his discretion by denying Hy-Lan’s motion to vacate the Referee’s order and to reopen the proceedings for further proof.

Affirmed.

Reference

Full Case Name
Thomas J. WILSON, as Trustee in Bankruptcy of Georgetown Galleries, Inc., and Huntington Chair Corporation v. HY-LAN FURNITURE COMPANY, Inc., Appellant In the Matter of GEORGETOWN GALLERIES, INC. and Huntington Chair Corporation, Bankrupts
Cited By
1 case
Status
Published