Legal Opinion

W. D. York v. Florida Southern Corporation

Court of Appeals for the Fifth Circuit

Decided December 27, 1962No. 19867PublishedCited by 9 opinions

1Per curiam

This is an appeal by the holder of a second mortgage for $600,000 from two orders of the district court denying his request that the debtor’s voluntary petition for reorganization be dismissed for lack of good faith, as defined in Section 146(3) of Chapter X (11 U.S.C. § 546(3)). There having been a public subscription for the stock in the corporation, the Securities & Exchange Commission is a party to the proceedings, pursuant to Section 208 (11 U.S.C. § 608), and it'filed its appearance by leave of court prior to the hearing below. The Securities & Exchange Commission supports the view of…

2Cases cited3 opinions

  1. A. Robert Leas v. Courtney Company, a Corporation, in the Matter of National Development Corporation, DebtorCourt of Appeals for the Fourth Circuit · 1958
  2. Arey & Russell Lumber Co., Inc. v. American Nat. Bank & Trust Co. Of Danville, VirginiaCourt of Appeals for the Fourth Circuit · 1953
  3. Janaf Shopping Center, Incorporated v. Chase Manhattan Bank and William P. Dickson, Jr., TrusteeCourt of Appeals for the Fourth Circuit · 1960

3Cited by9 opinions

  1. Francis J. Corr and Dorothy J. Corr v. Flora Sun Corporation, DebtorCourt of Appeals for the Fifth Circuit · 1963
  2. In re Plaza Towers, Inc.District Court, E.D. Louisiana · 1967
  3. In re Business Finance Corp.Court of Appeals for the Third Circuit · 1971
  4. In Re Agregados De Manati, Inc.District Court, D. Puerto Rico · 1973
  5. In Re Northeast Corporation, Bankrupt. Thomas J. Chandler, Jr. v. Higgs & Young, Inc.Court of Appeals for the Fourth Circuit · 1975

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