Legal Opinion

H. L. Thorndal, Trustee in Bankruptcy of Petroleum Corporation of America, Bankrupt v. Smith, Wild, Beebe & Cades

Court of Appeals for the Eighth Circuit

Decided January 4, 1965No. 17787_1PublishedCited by 13 opinions

1Opinion of the Court

VAN OOSTERHOUT, Circuit Judge.

The issue presented by this appeal is whether the District Court acquires jurisdiction over a petition for review of the decision of a referee in bankruptcy where the petition is lodged with a referee within the time prescribed by § 39, sub. c (11 U.S.C.A. § 67, sub. c) of the Bankruptcy Act as amended but a filing fee is not paid within such time. More specifically, the issue is whether payment of the filing fee within the time allowed for filing a petition for review is a prerequisite to giving the court jurisdiction to entertain the petition for review. The…

2Cases cited8 opinions

  1. Jaffke v. DunhamSupreme Court of the United States · 1957
  2. Parissi v. Telechron, Inc.Supreme Court of the United States · 1955
  3. Milton v. United StatesCourt of Appeals for the Fifth Circuit · 1939
  4. In the Matter of Acme Furnace Fitting Company, a Corporation, Bankrupt. Eusebius J. Biggs v. Gerald P. Grace, as Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1962
  5. Joseph M. Brennan v. United States Gypsum Company, an Illinois CorporationCourt of Appeals for the Tenth Circuit · 1964

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Bookwalter v. MayerCourt of Appeals for the Eighth Circuit · 1965
  2. St. Regis Paper Co., and All Other Creditors Similarly Situated v. Billy R. Jackson, Trustee in Bankruptcy for Harry D. Stone, BankruptCourt of Appeals for the Fifth Circuit · 1966
  3. Goff v. PfauCourt of Appeals for the Eighth Circuit · 1969
  4. In Re Winner CorporationCourt of Appeals for the Third Circuit · 1980
  5. Third National Bank v. Winner Corp.Court of Appeals for the Sixth Circuit · 1980

8 more not listed; retrieve them via the Exa API.

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