In re Zehner
District Court, E.D. Louisiana
In the matter of bankruptcy proceedings of Louis Zehner. Application of Joseph Burnstein for leave to foreclose his mortgage in the state court. '
1Opinion of the Court
FOSTER, District Judge.
In this case Joseph Burnstein, the holder and owner of two promissory notes, secured by mortgage on certáin real estate surrendered by the bankrupt, petitions the court for leave to foreclose his mortgage ■ in the state court. He alleges that he has reason to believe the property cannot be sold for a price exceeding the amount of his claim, with interest, costs, and attorney's fees stipulated for in the act of mortgage. Emile W. Del Bondio, trustee of the bankrupt, opposes the petition.
The parties have agreed to the following stipulation as to the facts:
“That (lie…
2Cases cited7 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- Anheuser-Busch Brewing Ass'n v. HarrisonCourt of Appeals for the Ninth Circuit · 1907
- Ridgely Nat. Bank v. MathenyCourt of Appeals for the Seventh Circuit · 1901
- Richard Nugent, Assignee of Elizabeth Norton, in Bankruptcy, in Error v. George W. Boyd, Isaac T. Preston, and Abner PhelpsSupreme Court of the United States · 1845
- McHenry v. La Société Française D'ÉpargnesSupreme Court of the United States · 1877
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3Cited by24 opinions
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- Textile Banking Company, Inc., and Cross-Appellee v. H. E. Widener, Jr., Trustee of Lincoln Industries, Incorporated, Bankrupt, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1959
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