Legal Opinion

In the Matter of Behring and Behring, a Partnership, Bankrupts. Nissho American Corporation v. Joe C. Humphreys, Trustee

Court of Appeals for the Fifth Circuit

Decided July 2, 1971No. 30594_1PublishedCited by 10 opinions

1Opinion of the Court

SIMPSON, Circuit Judge:

The controlling question in this appeal is the extent of the summary jurisdiction of a' Bankruptcy court. There is little dispute in the facts, and the issues presented to us are entirely questions of law. Behring and Behring, a partnership formerly engaged in the cotton brokerage business (Bankrupt), is the bankrupt. Nissho-Iwai American Corporation (Nissho) filed a proof of claim in the amount of $115,232.97, alleging the consideration for the debt to be cotton purchased by the claimant from the Bankrupt but not delivered. 1 The Trustee objected to the allowance of…

2Cases cited9 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Katchen v. LandySupreme Court of the United States · 1966
  4. Gardner v. New JerseySupreme Court of the United States · 1947
  5. Alexander v. HillmanSupreme Court of the United States · 1935

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3Cited by10 opinions

  1. In the Matter of Texas Consumer Finance Corporation, Debtor. First Southwest Corporation v. Texas Consumer Finance CorporationCourt of Appeals for the First Circuit · 1973
  2. Raymer v. Bay State National BankMassachusetts Supreme Judicial Court · 1981
  3. Mirant Corp. v. the Southern Co.District Court, N.D. Texas · 2006
  4. In Re ConleyUnited States Bankruptcy Court, M.D. Tennessee · 1983
  5. In Re Charles Roland Bryant and Vivian Judith Bryant, Debtors. Joe M. Flournoy, Chapter Xiii Trustee v. Ford Motor Credit Company, in Re Patricia Ann Sutay, Debtor. Joe M. Flournoy, Chapter Xiii Trustee v. Ford Motor Credit CompanyCourt of Appeals for the Fifth Circuit · 1980

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