Legal Opinion
United States v. Brocato
Court of Appeals for the Fifth Circuit
Decided October 30, 1968No. Nos. 25687, 25747PublishedCited by 3 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
The facts in each of these cases are identical in all relevant respects, so for that reason they were consolidated for the purpose of this appeal. In each of these cases the bankrupt was the recipient of a deferred participation loan made by a bank, the Small Business Administration insuring the bank against loss on each of these loans. The whole dispute here concerns the question of whether the SBA is entitled to priority in the bankruptcy proceeding by virtue of Section 64(a) (5) of the Bankruptcy Act (11 U.S.C. § 104(a) (5)) and 31 U.S.C. § 191.
In order that…
2Cases cited4 opinions
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Small Business Administration v. McClellanSupreme Court of the United States · 1960
- United States v. MarxenSupreme Court of the United States · 1939
- A. C. Bulls, Sr. v. United StatesCourt of Appeals for the Fifth Circuit · 1966
3Cited by3 opinions
- Guillermety v. Secretary of Education of the United StatesDistrict Court, E.D. Michigan · 2002
- Reaves v. U. S. Small Business AdministrationDistrict Court, N.D. Texas · 2020
- United States v. Anthony G. Brocato, Trustee in Bankruptcy for W. P. Tinsley, D/B/A Pick & Peck Drive-In Grocery, Bankrupt, Small Business Administration v. John v. Denson, Trustee in Bankruptcy for Raymond Curtis Mann, D/B/A Piggly Wiggly, Auburn, AlabamaCourt of Appeals for the Fifth Circuit · 1968