Legal Opinion

Albert Fausett, Trustee v. Jack Murner, D/B/A Murner's Refrigeration Service

Court of Appeals for the Fifth Circuit

Decided October 30, 1968No. 25842PublishedCited by 17 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

The Trustee has appealed the District Court’s decision reversing an order of the Referee in Bankruptcy and allowing a secured creditor to file an amended claim in a Chapter XIII bankruptcy proceeding 1 approximately one month beyond the six-month statutory period. 2

On July 12, 1965, the wage earner, A. C. Smith, filed a petition under Chapter XIII of the Bankruptcy Act, commonly known as the Wage Earners’ Plan. He listed as one of his secured creditors General Electric Credit Corporation of Atlanta, which company had full recourse against appellee Jack Murner, d/b/a…

2Cases cited8 opinions

  1. J. J. Fyne, Trustee in Bankruptcy of the Estate of W. H. Calder Company, Inc., Bankrupt v. Atlas Supply CompanyCourt of Appeals for the Fourth Circuit · 1957
  2. In Re BrillDistrict Court, S.D. New York · 1931
  3. In Re FantDistrict Court, W.D. South Carolina · 1927
  4. Cotton v. BennettCourt of Appeals for the Fourth Circuit · 1932
  5. In Re WilderDistrict Court, M.D. Georgia · 1963

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
  2. Inslaw, Inc. v. United States (In Re Inslaw, Inc.)District Court, District of Columbia · 1987
  3. Gower v. Farmers Home Administration (In Re Davis)United States Bankruptcy Court, M.D. Georgia · 1982
  4. Dabney v. AddisonDistrict Court, E.D. Virginia · 1985
  5. In Re Sems Music Co., Inc.United States Bankruptcy Court, M.D. Tennessee · 1982

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API