In re McCrum
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Lloyd G. McCrum. A petition of Alfred C. Coxe, Jr., bankrupt’s trustee, to compel Oscar L. Telling to deliver over property in his possession, was denied on the ground that the District Court had no jurisdiction by summary proceedings to compel such delivery. On petition to revise such order of denial.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Lloyd G. McCrum. A petition of Alfred C. Coxe, Jr., bankrupt’s trustee, to compel Oscar L. Telling to deliver over property in his possession, was denied on the ground that the District Court had no jurisdiction by summary proceedings to compel such delivery. On petition to revise such order of denial. Petition to review an order denying a petition of the trustefe in bankruptcy to compel Oscar L. Telling to deliver over property in his…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question which this court has to decide is whether the bankruptcy court has summary jurisdiction to compel property to be transferred to a trustee in bankruptcy when the property has been transferred by the bankrupt in conjunction with another person, for the benefit of creditors of the two persons; the transfer having been made within four months of the bankruptcy and for the benefit of creditors, there not being included in such transfer either the whole or substantially the whole of the bankrupt’s estate.
[1] A trustee in bankruptcy who has been…
2Cases cited13 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Tilt v. KelseySupreme Court of the United States · 1907
- Bock v. PerkinsSupreme Court of the United States · 1891
- In re StewartCourt of Appeals for the Sixth Circuit · 1910
- Manson v. WilliamsSupreme Court of the United States · 1909
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3Cited by14 opinions
- Phelps v. United StatesSupreme Court of the United States · 1975
- In Re Greyling Realty CorporationCourt of Appeals for the Second Circuit · 1935
- In re Midtown Contracting Co.Court of Appeals for the Second Circuit · 1917
- Bramwell v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1924
- In Re Lake Region Operating Corp.United States Bankruptcy Court, M.D. Pennsylvania · 1999
9 more not listed; retrieve them via the Exa API.