Legal Opinion

TMT Trailer Ferry, Inc. v. Anderson

Court of Appeals for the Fifth Circuit

Decided July 7, 1961No. 18475PublishedCited by 6 opinions

1Opinion of the Court

TUTTLE, Chief Judge.

This appeal tests the correctness of the order of the trial court, sitting as a bankruptcy court in a Chapter X reorganization proceeding, setting aside its previous order confirming a plan of reorganization. The answer depends upon the answer to the question: When is a plan of reorganization so far “consummated” as to deprive a trial court of its power to modify it or set it aside?

The tortuous trial of this litigation makes the present problem of the Court appear much more difficult than it really is. The history necessary for a determination of the issues before us can…

2Cases cited5 opinions

  1. Pfister v. Northern Illinois Finance Corp.Supreme Court of the United States · 1942
  2. Alex Caplan v. C. Gordon AndersonCourt of Appeals for the Fifth Circuit · 1958
  3. In re BaxterCourt of Appeals for the Sixth Circuit · 1920
  4. In re Sobod, Inc.District Court, S.D. New York · 1938
  5. In re Chatam Jewelers, Inc.District Court, S.D. New York · 1952

3Cited by6 opinions

  1. Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
  2. United States v. JohnsonCourt of Appeals for the Fifth Circuit · 1978
  3. Tmt Trailer Ferry, Inc. v. KirklandCourt of Appeals for the Fifth Circuit · 1978
  4. Protective Committee for Independent Stockholders of Tmt Trailer Ferry, Inc. v. C. Gordon Anderson, TrusteeCourt of Appeals for the Fifth Circuit · 1966
  5. Travelers Indemnity Company v. C. Gordon Anderson, Trustee in Bankruptcy for Tmt Trailer Ferry, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1968

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