Legal Opinion
Edward R. Kenneally, Trustee of Reed Plumbing, Heating and Air-Conditioning, Inc. v. First National Bank of Anoka
Court of Appeals for the First Circuit
Decided January 27, 1969No. 19108PublishedCited by 27 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
The trustee in bankruptcy appeals from an order of the District Court confirming the referee’s decision. The referee found that the trustee was estopped to deny that the bank was a secured creditor by virtue of an assignment of accounts receivable and a factor’s lien. We hold that the security instruments were not valid, did not bind the corporation or estop the trustee and that payments received by the bank under these instruments were preferential under § 60 of the Bankruptcy Act (11 U.S.C. § 96). We reverse and remand with directions to determine the validity of prior…
2Cases cited21 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
- American Nat. Bank of Sapulpa v. BartlettCourt of Appeals for the Tenth Circuit · 1930
- United States v. George Howard Hall and Ruth HallCourt of Appeals for the Eighth Circuit · 1968
- Wells v. SharpCourt of Appeals for the Eighth Circuit · 1913
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Richard W. Shear v. The National Rifle Association of America, a New York CorporationCourt of Appeals for the D.C. Circuit · 1979
- Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- Trustees of the Graphic Communications International Union Upper Midwest Local 1M Health & Welfare Plan v. BjorkedalCourt of Appeals for the Eighth Circuit · 2008
- Foley v. Briden (In Re Arrowhead Gardens, Inc.)United States Bankruptcy Court, D. Massachusetts · 1983
- Trident Construction Corp. v. West Electric, Inc.Nevada Supreme Court · 1989
22 more not listed; retrieve them via the Exa API.