Legal Opinion
Alcott Company, Inc. v. E. J. Raphael, Trustee in Bankruptcy of J. P. Shepherd Lumber Company, Inc.
Court of Appeals for the Fifth Circuit
Decided March 8, 1960No. 17938PublishedCited by 6 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
This is an appeal from a judgment in favor of a trustee in bankruptcy setting aside a conveyance of real estate by the bankrupt corporation to appellant, its stockholder, under the provisions of Section 70, sub. e of the Bankruptcy Act. 1
In determining whether there was a voidable conveyance which the trustee may set aside, we must look to the state law, Gonterman v. Nicholas, 5 Cir., 270 F.2d 509. See 4 Collier, Bankruptcy, 14th ed., p. 1352.
The Mississippi Statutes, which the trustee relies on as the basis for his attack on the transfer are:
Section 5328, Mississippi…
2Cases cited6 opinions
- International Paper Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- Knox Glass Bottle Co. v. UnderwoodMississippi Supreme Court · 1956
- Ratcliff v. ClendeninCourt of Appeals for the Eighth Circuit · 1916
- McCaffrey v. ElliottCourt of Appeals for the Fifth Circuit · 1931
- Frederica Gonterman v. John Nicholas, as Trustee in Bankruptcy of Osceola Groves, Inc.Court of Appeals for the Fifth Circuit · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. $242,484.00Court of Appeals for the Eleventh Circuit · 2004
- James E. Maley, Trustee in Bankruptcy of Dutch Oven Bakeries, Inc., Bankrupt v. W. E. CarrollCourt of Appeals for the Fifth Circuit · 1967
- Voiland v. Gillissie (In Re Gillissie)United States Bankruptcy Court, N.D. Illinois · 1997
- Blue v. MathenaDistrict Court, S.D. West Virginia · 1966
- United States v. $242,484.00Court of Appeals for the Eleventh Circuit · 2003
1 more not listed; retrieve them via the Exa API.