Legal Opinion
Lawrence N. Avery and D. L. Stoy, Creditors v. Charles R. Fischer, Trustee in Bankruptcy for Equitable Enterprises, Inc., Debtor
Court of Appeals for the Fifth Circuit
Decided June 8, 1966No. 22595_1PublishedCited by 12 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The question here is whether the previous timely filing of a creditor’s claim in a Chapter XI proceeding for an arrangement constitutes a filing within the time prescribed in the Judge’s subsequent order under § 196, 11 U.S.C.A. § 596, upon the proceeding being transmuted into one under Chapter X for corporate reorganization. The District Court held in the negative. Rejecting the claims of appellants as not timely filed and allowed, the result was that the approval of the plan by this particular class of creditors exceeded the statutory two-thirds. The plan was…
2Cases cited11 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Securities & Exchange Commission v. American Trailer Rentals Co.Supreme Court of the United States · 1965
- Keohane v. Swarco, Inc.Court of Appeals for the Sixth Circuit · 1963
- Hammer v. TuffyCourt of Appeals for the Second Circuit · 1944
- United States of America and Jeanette E. Gondeck, Intervenor v. Pan American World Airways Incorporated and the Travelers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Southmark Properties and St. Charles Avenue, Inc. v. The Charles House CorporationCourt of Appeals for the Fifth Circuit · 1984
- 29 Fair empl.prac.cas. 216, 29 Empl. Prac. Dec. P 32,862 Louis Pinkard, Edward Lofton, Richard Holston and Donnie Sealie, on Behalf of Themselves and Others Similarly Situated v. Pullman-Standard, a Division of Pullman, IncorporatedCourt of Appeals for the Fifth Circuit · 1982
- Henderson v. Eastern Freight Ways, Inc.Court of Appeals for the Fourth Circuit · 1972
- In Re GilbertUnited States Bankruptcy Court, W.D. Missouri · 1989
- Watson W. Markham v. James HoltCourt of Appeals for the Fifth Circuit · 1966
7 more not listed; retrieve them via the Exa API.