Legal Opinion

In the Matter of Dca Development Corporation, Debtors. Petition of Franchi Construction Co., Inc.

Court of Appeals for the First Circuit

Decided December 27, 1973No. 73-1262PublishedCited by 15 opinions

1Opinion of the Court

McENTEE, Circuit Judge.

This appeal arises out of proceedings for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. (1970). Appellant, an unsecured creditor 1 of debtor DCA Development Corporation (DCA), challenges a transfer of DCA assets that was approved by both the referee and district court. Appellant contends (1) that it was denied its right as a creditor to a fair hearing because of insufficient notice; (2) that the transfer, as approved, provided inadequate consideration to DCA and was not in the best interests of creditors; and (3) that the findings of…

2Cases cited19 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. In Re Wood and HendersonSupreme Court of the United States · 1908
  3. The First National Bank of Clinton v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motor Company, BankruptCourt of Appeals for the First Circuit · 1967
  4. The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967
  5. William Klein, Bernard B. Stimmel, and David Blonder v. Rancho Montana De Oro, Inc.Court of Appeals for the Ninth Circuit · 1959

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3Cited by15 opinions

  1. In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1984
  2. In the Matter of Intaco Puerto Rico, Inc., Debtor. Appeal of Gabriel Alvarez & AssociatesCourt of Appeals for the First Circuit · 1974
  3. Gonzalez-Ruiz v. Doral Financial Corp.Bankruptcy Appellate Panel of the First Circuit · 2006
  4. Bankr. L. Rep. P 73,158 United States of America v. William GoodsteinCourt of Appeals for the Seventh Circuit · 1989
  5. In Re TorresUnited States Bankruptcy Court, E.D. New York · 1981

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