Legal Opinion
In the Matter of Gravure Paper & Board Corp., Bankrupt. David J. Rosen
Court of Appeals for the Third Circuit
Decided July 5, 1956No. 11811PublishedCited by 22 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
Can a trustee in bankruptcy make a valid sale of the bankrupt’s interest as lessee in a lease of real property which the trustee did not assume within 60 days after the adjudication as provided by Section 70, sub. b, of the Bankruptcy Act? 1
If such a sale is invalid can the issue of invalidity be raised on appeal when it was not “urged or argued” in the court below?
Is the appellant estopped from raising the issue of validity of the sale because he stood by when the trustee offered the lease for sale at public auction and in fact induced him to do so?
These issues are…
2Cases cited13 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Brown v. O'KEEFESupreme Court of the United States · 1937
- Palmer v. PalmerCourt of Appeals for the Second Circuit · 1939
- Lukens Steel Co. v. American Locomotive Co.Court of Appeals for the Second Circuit · 1952
- In Re MalcomDistrict Court, E.D. Illinois · 1943
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
- In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
- 12 Collier bankr.cas.2d 845, Bankr. L. Rep. P 70,371 in Re Edward Hill Lovitt, Wwi Ermie Lovitt, Debtor. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife v. Appleatchee Riders Association Cyprus Mines Corporation, and Asamera Minerals (u.s.), Inc., Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc., Cross-Appellants v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife, Cross-Appellees. Sheena R. Aebig, Successor-Trustee of Lovitt Bankruptcy Estate v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc.Court of Appeals for the Ninth Circuit · 1985
- In the Matter of Barbara Garfinkle, Bankrupt. Commercial Trading Company, Inc., Kenneth J. Weil, Trustee in Bankruptcy v. Morris LansburghCourt of Appeals for the Fifth Circuit · 1978
- In re Newkirk Mining Co.District Court, E.D. Pennsylvania · 1964
17 more not listed; retrieve them via the Exa API.