Legal Opinion

In re Byrne

Court of Appeals for the Second Circuit

Decided April 8, 1929No. 246PublishedCited by 5 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above). The appellants have quite misapprehended their rights and have j>roceeded throughout on the assumption that they are entitled to the same relief in bankruptcy as they would have had against the bankrupts in personam. Their claim is not that, but against the res administered in the bankruptcy court. To get any standing, except as general creditors, they must identify the original assets, or trace them into other specific funds which came into the trustee’s hands. It is not enough to show that they were converted by the bankrupts, or indeed that they may have…

2Cases cited18 opinions

  1. National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
  2. Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
  3. Schuyler v. LittlefieldSupreme Court of the United States · 1914
  4. St. Louis & San Francisco Railroad v. SpillerSupreme Court of the United States · 1927
  5. Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923

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3Cited by5 opinions

  1. In Re Heintzelman Const. Co.District Court, W.D. New York · 1940
  2. Leonard v. NairnCourt of Appeals for the Seventh Circuit · 1940
  3. In re Dee's, Inc.District Court, E.D. Pennsylvania · 1961
  4. Scully v. Pacific States Savings & Loan Co.Court of Appeals for the Ninth Circuit · 1937
  5. Walker v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933

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