In Re Brunner Air Compressor Corp.
District Court, N.D. New York
1Opinion of the Court
TIMBERS, District Judge. *
QUESTION PRESENTED
In this proceeding, pursuant to Section 39c of the Bankruptcy Act, 11 U.S.C. § 67(c) (1964), on petitions to review an order of Honorable David J. Gold-stein, Referee in Bankruptcy, entered November 13, 1967, the question presented is whether the Referee erred in subordinating claims of certain debenture holders of the debtor, Brunner Air Compressor Corp., to claims of general unsecured creditors upon the ground that advances of the debenture holders were in reality capital contributions rather than loans.
The Court holds (1) that there was…
2Cases cited19 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
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3Cited by14 opinions
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Anaconda-Ericsson, Inc. v. Hessen (In Re Teltronics Services, Inc.)United States Bankruptcy Court, E.D. New York · 1983
- In Re Branding Iron Steak HouseCourt of Appeals for the Ninth Circuit · 1976
- Gelatt v. DeDakisWisconsin Supreme Court · 1977
- Intertherm, Inc. v. Olympic Homes Systems, Inc.Court of Appeals of Tennessee · 1978
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