United States v. Birmingham Trust & Savings Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Alabama; William I. Grubb, Judge. In the matter of the bankruptcy of the Standard Home Company. Petition by the United States that an order be made .requiring the Birmingham Trust & Savings Company, as trustee of the bankrupt estate, to pay the amount of a fine and costs adjudged against the •bankrupt on its conviction under an indictment.
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Appeal from the District Court of the United States for the Northern District of Alabama; William I. Grubb, Judge. In the matter of the bankruptcy of the Standard Home Company. Petition by the United States that an order be made .requiring the Birmingham Trust & Savings Company, as trustee of the bankrupt estate, to pay the amount of a fine and costs adjudged against the •bankrupt on its conviction under an indictment. From a decree denying the petition, the United States appeals. This is ail appeal from a decree denying the prayer of a petition of the United Stales that an order he made…
1Opinion of the CourtPardee, Circuit Judge
(after stating the case as above). [1] The right of the United States to present a claim in a bankruptcy case at any time while the bankruptcy is pending and the funds thereof are not distributed cannot be. disputed.
[2] The right of the United States to claim priority under section 3466, R. S. (Comp. St. § 6372), was unquestionably modified and restricted by section 57j of the Bankruptcy Act (Comp. St. § 9641). Guarantee, etc., Company v. Title Guaranty, etc., Company, 224 U. S. 152-160, 32 Sup. Ct. 457, 56 L. Ed. 706. And see Robertson v. Howard, 229 U. S. 254, 33 Sup. Ct. 854, 57 L. Ed.…
2Cases cited3 opinions
- United States v. ReisingerSupreme Court of the United States · 1888
- Guarantee Title & Trust Co. v. Title Guaranty & Surety Co.Supreme Court of the United States · 1912
- Robertson v. HowardSupreme Court of the United States · 1913
3Cited by16 opinions
- New York v. Irving Trust Co.Supreme Court of the United States · 1933
- Sawyer v. BarbourCalifornia Court of Appeal · 1956
- United States v. Cox (In Re Cox)United States Bankruptcy Court, M.D. Georgia · 1983
- United States v. James C. Henderson, Trustee in Bankruptcy of Southwest Casket and Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1960
- In re J. Menist Co.Court of Appeals for the Second Circuit · 1923
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