Legal Opinion

In re Trans-Pacific Corp.

District Court, S.D. California

Decided May 16, 1947No. Nos. 44604, 44606, 44607, 44605PublishedCited by 6 opinions

1Opinion of the Court

HARRISON, Judge.

The question involved in this review is whether a debtor who has filed a petition under Chapter XI, Bankr.Act, 11 U.S.C.A. § 701 et seq., for an arrangement with his creditors is entitled to a jury trial upon the issue of insolvency before the bankruptcy court has authority to adjudicate such a debtor a bankrupt.

In these proceedings, the debtors filed petitions under Chapter XI. After a considerable lapse of time, no plan acceptable to the creditors was submitted. Thereupon, the debtors moved for dismissal of the proceedings. Upon a denial of the motion, the debtors in writing…

2Cases cited4 opinions

  1. Barton v. BarbourSupreme Court of the United States · 1881
  2. Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
  3. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  4. In re ConwayCourt of Appeals for the Third Circuit · 1941

3Cited by6 opinions

  1. John L. Whitlock, Trustee v. John W. Hause, D/B/A Hause Floor Co.Court of Appeals for the First Circuit · 1982
  2. In the Matter of Jerome G. Beery, D/B/A Jerome G. Beery, Brownville Grain Co., Debtor. Jerome G. Beery v. Dan E. Turner, Trustee, Jerome G. Beery v. Dan E. Turner, Trustee and Honorable James A. Pusateri, Bankruptcy JudgeCourt of Appeals for the Tenth Circuit · 1982
  3. In Re Discon CorporationDistrict Court, S.D. Florida · 1971
  4. Beery v. TurnerCourt of Appeals for the Tenth Circuit · 1982
  5. Rhedom Realty Corporation v. Mammoth Mart, Inc.District Court, D. Massachusetts · 1975

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