Legal Opinion
In the Matter of First Baptist Church, Inc., Etc., Bankrupt. R. Emmett McTigue v. American Savings & Loan Association of Florida
Court of Appeals for the First Circuit
Decided December 9, 1977No. 77-1570PublishedCited by 7 opinions
1Opinion of the Court
RONEY, Circuit Judge:
The trustee in a proceeding for corporate reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. §§ 501 et seq., sought to stay a state court mortgage foreclosure sale of real property because no notice was given to the creditors. He argued that Bankruptcy Rule of Procedure 203 required that notice of sale be given to all of the bankrupt’s creditors. The district court denied the stay, finding Rule 203 inapplicable to sales conducted pursuant to state court orders. Although Rule 203 does not apply to reorganization proceedings, the notice to creditor rules that…
2Cases cited8 opinions
- Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
- Brown v. GerdesSupreme Court of the United States · 1944
- Mangus v. MillerSupreme Court of the United States · 1942
- Mongiello Bros. Coal Corp. v. Houghtaling Properties Incorporated and 95th Street Center, Inc.Court of Appeals for the Fifth Circuit · 1962
- Charles W. Wolverton v. Shell Oil CompanyCourt of Appeals for the Ninth Circuit · 1971
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re SchmidUnited States Bankruptcy Court, D. Oregon · 1985
- Esposito v. Title Insurance Co. (In Re Fernwood Markets)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Austin v. BFW Liquidation, LLC (In Re BFW Liquidation, LLC)United States Bankruptcy Court, N.D. Alabama · 2012
- In Re New York City Shoes, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Shubert v. Sanders (In Re Sanders)United States Bankruptcy Court, E.D. Pennsylvania · 1988
2 more not listed; retrieve them via the Exa API.