Legal Opinion

Matter of the Kerber Packing Company, Debtor. United States of America v. Nathan Yorke, Trustee

Court of Appeals for the Seventh Circuit

Decided March 29, 1960No. 12781_1PublishedCited by 35 opinions

1Opinion of the Court

JUERGENS, District Judge.

This is an appeal from the United States District Court for the Northern District of Illinois, Eastern Division, inquiring whether the United States is entitled to post-petition interest on unpaid taxes where its claims for taxes and interest have been secured by liens which arose and were perfected prior to the filing of the petition in reorganization.

The facts are not in dispute and generally stated are as follows:

The Kerber Packing Company filed a petition in reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., on February 20, 1957.

The…

2Cases cited8 opinions

  1. Sexton v. DreyfusSupreme Court of the United States · 1911
  2. City of New York v. SaperSupreme Court of the United States · 1949
  3. Thomas v. Western Car Co.Supreme Court of the United States · 1893
  4. United States v. J. Allen Harrington, Trustee, in the Matter of G. N. Childress, Dba Childress Transportation Company, BankruptCourt of Appeals for the Fourth Circuit · 1959
  5. United States v. Irving I. Bass, Trustee in Bankruptcy of the Estate of Leland Cameron, BankruptCourt of Appeals for the Ninth Circuit · 1959

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3Cited by35 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. In the Matter of Walsh Construction, Inc., Bankrupt. United States of America v. Alaska National Bank of the North and Paul Burlingame, Trustee, in the Matter of Cecilia Ruth Walsh, Gerald Patrick Walsh, D/B/A Beaver Builders, Bankrupts. United States of America v. Alaska National Bank of the North and Paul Burlingame, TrusteeCourt of Appeals for the Ninth Circuit · 1982
  3. In the Matter of Vincent Lapiana and Barbara Lapiana, Debtors. Appeal of Millard G. LeeCourt of Appeals for the Seventh Circuit · 1990
  4. 9 Collier bankr.cas.2d 1377, Bankr. L. Rep. P 69,412 in Re Boston and Maine Corporation, Debtor. Appeal of City of CambridgeCourt of Appeals for the First Circuit · 1983
  5. In re Boston & Maine Corp.Court of Appeals for the First Circuit · 1983

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