Legal Opinion
In Re Raymond Cecil Schmelzer, Bankrupt. Danny A. Cesner, Trustee-Appellant v. Raymond Cecil Schmelzer, Bankrupt-Appellee
Court of Appeals for the Sixth Circuit
Decided June 21, 1973No. 72-2118PublishedCited by 17 opinions
1Opinion of the Court
WEICK, Circuit Judge.
The sole issue in this appeal is whether the title to the bankrupt’s unliquidated claim for damages for personal injuries sustained by him in an automobile accident, vested in his trustee under the provisions of Section 70(a)(5) of the Bankruptcy Act, 11 U.S.C. § 110 (a)(5).
The referee in bankruptcy held that the title to such claim vested in the trustee. He relied principally upon the opinion of a District Judge in his own District in the case of In re Borchers, 17 Ohio Misc. 146, 46 Ohio Op.2d 217 (1970). Upon a petition for review, which was heard by a different…
2Cases cited17 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
- Lines v. FrederickSupreme Court of the United States · 1970
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Aetna Casualty & Surety Co. v. HensgenOhio Supreme Court · 1970
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In the Matter of Ben F. Garman, Bankrupt. The Northern Trust Company v. Ben F. GarmanCourt of Appeals for the Seventh Circuit · 1980
- National Bank of North America v. Newmark (In Re Newmark)United States Bankruptcy Court, E.D. New York · 1982
- Denis J. Murphy, Trustee v. Household Finance CorporationCourt of Appeals for the Sixth Circuit · 1977
- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- Amato v. AmatoNew Jersey Superior Court Appellate Division · 1981
12 more not listed; retrieve them via the Exa API.