Legal Opinion

In the Matter of Mary Perry Miller, Bankrupt. Roberta Reed Looney, Raymond D. Brown and Country Store Gallery, Inc. v. Henry Nuss, Iii, Trustee

Court of Appeals for the Fifth Circuit

Decided January 20, 1977No. 75-2366PublishedCited by 41 opinions

1Opinion of the Court

GEE, Circuit Judge:

Appellee Nuss, trustee of Miller’s bankrupt estate, petitioned the bankruptcy court for a turnover order with respect to two paintings and two sculptures owned by Miller and held for sale on consignment by an art gallery. The bankruptcy court granted the turnover order; from the district court’s subsequent affirmance of that order, Looney appeals. We reverse.

The legal relationship which spawned this dispute arose from efforts to satisfy a debt of approximately $41,000 owed Looney by Miller’s then husband, Hiram Miller. 1 Mrs. Miller owned several original oil paintings and…

2Cases cited4 opinions

  1. In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
  2. Davis Brothers v. Misco Leasing, Inc.Court of Appeals of Texas · 1974
  3. Benjamin R. Loye, Trustee in Bankruptcy v. Denver United States National Bank, in the Matter of Carl Luchetta, Jr., BankruptCourt of Appeals for the Tenth Circuit · 1965
  4. National Oats Company, Creditor v. Byron Long, Trustee of North Mississippi Broilers, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1955

3Cited by41 opinions

  1. Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  2. Hasset v. Blue Cross & Blue Shield (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1985
  3. Southern Rock, Inc. v. B & B Auto SupplyCourt of Appeals for the Fifth Circuit · 1983
  4. Coral Petroleum, Inc. v. Paribas (In Re Coral Petroleum, Inc.)United States Bankruptcy Court, S.D. Texas · 1985
  5. Mid-Atlantic Supply, Inc. v. Three Rivers Aluminum Co.Court of Appeals for the Fourth Circuit · 1986

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