Legal Opinion

Brennan v. Oliver

Court of Appeals for the Ninth Circuit

Decided May 12, 1924No. 4119PublishedCited by 6 opinions

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). Under section 70e of the Bankruptcy Act (Comp. St. § 9654) the trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover property so transferred, or its value, from the person to whom the transfer was made, unless he was a bona fide holder for value prior to the date of the adjudication. Recovery of the property, or its value, may be had from whoever may have received it, except a bona fide holder for value; and for the purpose of such recovery any court of bankruptcy, and any…

2Cases cited7 opinions

  1. Stellwagen v. ClumSupreme Court of the United States · 1918
  2. Sanger v. UptonSupreme Court of the United States · 1875
  3. Schulte v. Boulevard Gardens Land Co.California Supreme Court · 1913
  4. Atkinson v. Western Development SyndicateCalifornia Supreme Court · 1915
  5. Baldwin v. WolffSupreme Court of Connecticut · 1909

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3Cited by6 opinions

  1. Berg & Berg Enterprises, LLC v. BoyleCalifornia Court of Appeal · 2009
  2. Sears v. StelznerCourt of Appeals for the Ninth Circuit · 1939
  3. A. E. Mallagh, Trustee in Bankruptcy of the Bankrupt Estate of Orville Stanford, Inc. v. Bank of America National Trust and Savings Association, Etc.Court of Appeals for the Ninth Circuit · 1962
  4. Andrews v. LytleDistrict Court, N.D. Iowa · 1928
  5. Hoyt v. HampeSupreme Court of Iowa · 1925

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