American Mannex Corporation v. Joe D. Huffstutler, Trustee for Trice Production Company, Bankrupt

JOHN R. BROWN, Circuit Judge:

This case raises the frequent, much litigated and occasionally difficult question of when a summary proceeding by the Bankruptcy Court is proper in seeking the return of property to the bankrupt estate. The District Court held, in effect, that a plenary action was not necessary because on the facts revealed in the hearing the respondent-appellant did not have more than a colorable claim to the property. Consequently, the District Judge ordered the turnover of the disputed property and the proceeds representing portions thereof which had been sold. Although we take…