Legal Opinion

Borchard v. California Bank

Supreme Court of the United States

Decided May 20, 1940No. 752PublishedCited by 42 opinions

1Opinion of the CourtJustice Roberts

We granted certiorari in this case for the reason that it presents important questions with respect to the procedure required by § 75 (s) of the Bankruptcy Act, as amended.

The precise matter in controversy is whether the bankruptcy court may permit foreclosure of mortgage liens where the procedure prescribed by § 75 (s) has not been followed.

The petitioners, husband and wife, are farmers. Over the period January 24, 1927 to June 19, 1933, they borrowed from the respondent, the California Bank, a total of $87,566.93, in varying amounts, executing to the bank their promissory notes for the…

2Cases cited4 opinions

  1. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  2. Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
  3. John Hancock Mutual Life Insurance v. BartelsSupreme Court of the United States · 1939
  4. Borchard v. California BankCourt of Appeals for the Ninth Circuit · 1939

3Cited by42 opinions

  1. Wright v. Union Central Life InsuranceSupreme Court of the United States · 1941
  2. Carter v. KublerSupreme Court of the United States · 1943
  3. Federal Land Bank of Springfield v. HansenCourt of Appeals for the Second Circuit · 1940
  4. Wright v. LoganSupreme Court of the United States · 1942
  5. Wilson v. DeweyCourt of Appeals for the Eighth Circuit · 1943

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