Legal Opinion
Commercial Credit Co. v. Davidson
Court of Appeals for the Fifth Circuit
Decided May 22, 1940No. 9429PublishedCited by 55 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
The question in this case is: In what way, if any, is the Mississippi purchase-money lien affected by the bankruptcy act? This is a federal question, but it is one which in this case depends partly upon property rights given by state statutes in the construction of which we follow state decisions.
We are controlled by federal law in determining what liens are preserved in bankruptcy; what character of title to the debtor’s property is vested in the trustee in bankruptcy; and, as to such property, what rights, remedies, and powers are deemed vested in the trustee. We look…
2Cases cited38 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Bauserman v. BluntSupreme Court of the United States · 1893
- Green v. Lessee of NealSupreme Court of the United States · 1832
33 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- In the Matter of Chaseley's Foods, Inc., D/B/A Vic's Super Foods, Debtor. Appeal of Daniel L. Freeland, TrusteeCourt of Appeals for the Seventh Circuit · 1984
- Varon v. Trimble, Marshall & Goldman, P.C. (In Re Euro-Swiss International Corp.)United States Bankruptcy Court, S.D. New York · 1983
- Anderson v. ConineCourt of Appeals for the Fifth Circuit · 2000
- McKay v. Trusco Finance Co., of Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1952
50 more not listed; retrieve them via the Exa API.