Legal Opinion
William E. Rutledge, Trustee of the Estate of Jackson Mortimer Nafe, a Bankrupt v. C. R. Johansen and Jane Johansen
Court of Appeals for the Tenth Circuit
Decided September 12, 1959No. 6075PublishedCited by 17 opinions
Breitenstein, Circuit Judge, dissented.
1Opinion of the Court
MURRAH, Chief Judge.
The appellant, trustee in bankruptcy of the estate of Jackson Mortimer Nafe, brought this action to recover property which Nafe transferred to appellee for an antecedent debt within four months preceding bankruptcy. At the time of the transfer, the property was Nafe’s Oklahoma homestead. The transfer was voluntary and without fraud, and no exemption therefor was claimed in Nafe’s bankruptcy schedule.
The trial court found that all requisites of a voidable preference as stated in Section 60, subs, a and b of the Bankruptcy Act, 11 U.S.C.A. § 96, 64 Stat. 24, were present,…
2Cases cited4 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- White v. StumpSupreme Court of the United States · 1924
- Gardner v. JohnsonCourt of Appeals for the Ninth Circuit · 1952
- First Nat. Bank of Cleveland v. OrtenSupreme Court of Oklahoma · 1914
3Cited by17 opinions
- Mansell v. CarrollCourt of Appeals for the Tenth Circuit · 1967
- In Re Audrey E. Noblit, Debtor. James Fox, Successor Trustee v. Arlan Smoker, Husband and Donna Smoker, WifeCourt of Appeals for the Ninth Circuit · 1995
- In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1968
- Joelson v. Tiffin Savings Bank (In Re Everhart)United States Bankruptcy Court, N.D. Ohio · 1981
- Jarboe v. Treiber (In Re Treiber)United States Bankruptcy Court, N.D. Oklahoma · 1988
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