Legal Opinion

In re 2168 Broadway Corp.

District Court, S.D. New York

Decided May 8, 1935PublishedCited by 2 opinions

1Opinion of the Court

KNOX, District Judge.

A receivership that is merely incidental to the foreclosure of a mortgage upon real estate of a corporate debtor that is unable to meet its debts as they mature is not of the quality of the “equity receivership,” which, under the provisions of subdivision (a) of section 77B of the Bankruptcy Act (11 USCA § 207 (a), and in the absence of an act of bankruptcy, will confer upon creditors of such debtor a right to subject it and its property to the jurisdiction of this court. See Matter of Laclede Gas Light Company, United States District *405Court, Eastern District of Missouri,…

2Cases cited3 opinions

  1. Standard Acc. Ins. Co. v. ET Sheftall & Co.Court of Appeals for the Fifth Circuit · 1931
  2. Schmidtman v. Atlantic Phosphate & Oil Corp.Court of Appeals for the Second Circuit · 1916
  3. In Re Surf Bldg. CorporationDistrict Court, E.D. Illinois · 1934

3Cited by2 opinions

  1. Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
  2. In Re Draco Realty CorporationDistrict Court, S.D. New York · 1935

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