Legal Opinion

United States v. James C. Henderson, Trustee in Bankruptcy of Southwest Casket and Manufacturing Company, Inc.

Court of Appeals for the Fifth Circuit

Decided February 11, 1960No. 17680PublishedCited by 12 opinions

1Opinion of the Court

RIVES, Chief Judge.

This is an appeal by the United States on behalf of the Small Business Administration (S.B.A.), a secured creditor 1 of Southwest Casket and Manufacturing Company, Inc., the debtor in an unsuccessful corporate reorganization proceeding. The appeal is taken from that portion of the district court’s order which provides that certain administrative expenses incurred as a result of the attempted reorganization are to be paid out of assets subject to the S.B.A. mortgage “in the event the proceeds or the unencumbered assets are not sufficient to pay the claims.” The expenses in…

Also in this document: Per curiam.

2Cases cited18 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Lewis v. United StatesSupreme Court of the United States · 1876
  3. Guarantee Title & Trust Co. v. Title Guaranty & Surety Co.Supreme Court of the United States · 1912
  4. United States v. HerronSupreme Court of the United States · 1874
  5. In re TorchiaCourt of Appeals for the Third Circuit · 1911

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3Cited by12 opinions

  1. Colonial Realty Investment Co. v. MartinCourt of Appeals for the First Circuit · 1975
  2. In Re Hotel Associates, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1980
  3. In Re Bob Grissett Golf Shoppes, Inc.United States Bankruptcy Court, E.D. Virginia · 1985
  4. In Re Manchester Hides, Inc.United States Bankruptcy Court, N.D. Iowa · 1983
  5. Communication & Studies International, Ltd. v. Bank of America, N. T. & S. A. (In Re World of English, N. v.United States Bankruptcy Court, N.D. Georgia · 1982

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