In re Schmidt
District Court, D. New Jersey
In Bankruptcy. In the matter of Herman H. A. Schmidt, bankrupt. On review of an order of the referee to show cause why a sale proposed to be made by a sheriff, pursuant to writ óf fieri facias issued. out of the Court of Chancery of New Jersey, in a proceeding to foreclose a valid mortgage covering property of the alleged bankrupt, should not be enjoined for a sufficient length of time to enable the trustee to take steps to secure a purchaser for the property and to…
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In Bankruptcy. In the matter of Herman H. A. Schmidt, bankrupt. On review of an order of the referee to show cause why a sale proposed to be made by a sheriff, pursuant to writ óf fieri facias issued. out of the Court of Chancery of New Jersey, in a proceeding to foreclose a valid mortgage covering property of the alleged bankrupt, should not be enjoined for a sufficient length of time to enable the trustee to take steps to secure a purchaser for the property and to extensively advertise the proposed sale.
1Opinion of the Court
HAIGHT, District Judge.
The sole question to be decided is whether a court of bankruptcy has power to temporarily enjoin a sale of certain property of the bankrupt, proposed to be made by a state officer pursuant to a decree of a state court entered, before the petition in bankruptcy was filed, in proceedings to foreclose a valid mortgage; which was executed more than four months prior to the adjudication in bankruptcy, when the only reason why the stay is sought is to- permit- the trustee to attempt to secure a purchaser and to advertise the proposed sale more extensively than has been done…
2Cases cited8 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Pickens v. RoySupreme Court of the United States · 1902
- In re RohrerCourt of Appeals for the Sixth Circuit · 1910
- Frazier v. Southern Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Straton v. NewSupreme Court of the United States · 1931
- Vadner v. VadnerDistrict Court, D. Nevada · 1918
- Abney-Barnes Co. v. Davy-Pocahontas Coal Co.West Virginia Supreme Court · 1919
- McCahan's EstateSupreme Court of Pennsylvania · 1933
- Bean v. American Trust & Savings BankCourt of Appeals of Texas · 1925
2 more not listed; retrieve them via the Exa API.