Legal Opinion
Carlson, Inc. v. Commercial Discount Corporation and Joseph R. McNeany Trustee in Bankruptcy
Court of Appeals for the Tenth Circuit
Decided August 23, 1967No. 9139PublishedCited by 25 opinions
1Opinion of the Court
SETH, Circuit Judge.
The appellant, Carlson, Inc., petitioned to reclaim approximately $37,000 from funds held by the Trustee in Bankruptcy. Appellant asserted that its claim represented moneys held by the bankrupt, Hubbard’s, Inc., in trust for the appellant’s benefit, and that the Trustee in Bankruptcy could not include such moneys in the assets of the bankrupt estate.
Appellant’s petition was resisted by the appellees, who are the Trustee in Bankruptcy and by Commercial Discount Corporation, a secured creditor of the bankrupt.
The Referee in Bankruptcy denied appellant’s petition, concluding…
2Cases cited2 opinions
- In the Matter of Lord's, Inc., Bankrupt. Chicago Cutter-Karcher, Inc. v. Charles D. Maley, TrusteeCourt of Appeals for the Seventh Circuit · 1966
- McDermott v. SherNew Mexico Supreme Court · 1955
3Cited by25 opinions
- In Re Shulman Transport Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
- In Re Morales Travel Agency, Bankrupt. Appeal of Eastern Air Lines, IncCourt of Appeals for the First Circuit · 1981
- Pan American World Airways, Inc. v. Continental Bank (In Re Shulman Transport Enterprises, Inc.)District Court, S.D. New York · 1983
- Dampskibsselskabet AF 1912 Aktieselskab v. Black & Geddes, Inc. (In Re Black & Geddes, Inc.)United States Bankruptcy Court, S.D. New York · 1984
- LFD Operating, Inc. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2002
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