Legal Opinion
In Re Herold Radio & Electronics Corporation
District Court, S.D. New York
Decided January 13, 1961PublishedCited by 11 opinions
1Opinion of the Court
HERLANDS, District Judge.
What factors determine the choice between Chapter XI of the Bankruptcy Act (11 U.S.C.A. § 701 et seq.) and Chapter X (11 U.S.C.A. § 501 et seq.) ?
This question — long debated but never resolved judicially by a pat formula — is the vortex of the present controversy.
United in their common advocacy of Chapter XI are the debtor, Bankers Trust Company (the largest secured creditor), and the Official Creditors’ Committee. Ranged on the other side are three protagonists of Chapter X: the Securities and Exchange Commission and two debenture holders, Milton A. Abernethy and…
2Cases cited12 opinions
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- General Stores Corp. v. ShlenskySupreme Court of the United States · 1956
- In the Matter of Transvision, Inc., Debtor-Appellee. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1955
- James v. United StatesCourt of Appeals for the Fourth Circuit · 1950
- Securities and Exchange Commission v. Liberty Baking CorporationCourt of Appeals for the Second Circuit · 1957
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Securities & Exchange Commission v. American Trailer Rentals Co.Supreme Court of the United States · 1965
- United States v. National Furniture Company, Inc.Court of Appeals for the Eighth Circuit · 1965
- In The Matter Of Peoples Loan & Investment Company Of Fort Smith, DebtorCourt of Appeals for the Eighth Circuit · 1969
- In re Peoples Loan & Investment Co.District Court, W.D. Arkansas · 1968
- Securities and Exchange Commission v. Crumpton Builders, Inc.Court of Appeals for the Fifth Circuit · 1964
6 more not listed; retrieve them via the Exa API.