Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Halpern v. Schwartz

United States Court of Appeals for the Second Circuit
426 F.2d 102 (2d Cir. 1970)


Creditors of Evelyn Halpern (defendant) filed an involuntary petition of bankruptcy against her, alleging three separate “acts of bankruptcy.” The district court found that she had committed all three acts of bankruptcy and the decision was affirmed on appeal. The trustee in bankruptcy, Schwartz (plaintiff), opposed Halpern’s discharge from bankruptcy because Halpern transferred a valuable bond and mortgage to her son “with intent to hinder, delay, or defraud her creditors.” Schwartz moved for summary judgment denying Halpern a discharge from bankruptcy on the ground that the issue of the intent behind the transfer had been decided in the initial bankruptcy case and was res judicata. The bankruptcy referee granted summary judgment to Schwartz and that decision was affirmed in the district court. Halpern appealed.

Rule of Law


Holding and Reasoning (Smith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial