Legal Opinion

In Re Stanley Engineering Corporation

Court of Appeals for the Third Circuit

Decided November 6, 1947No. 9420PublishedCited by 47 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

Is it an abuse of discretion for a bankruptcy court to fail to confirm a judicial sale, which was properly conducted and which produced a bid substantially in excess of the appraised value of the property, in the absence of unfairness, fraud or mistake, or gross inadequacy of price, and where the only apparent reason for the court’s action is its desire to obtain the benefit of a higher bid-made at the confirmation hearing by another party?

That is the primary issue presented by this appeal. A secondary question presented is whether it is reversible error for the…

2Cases cited17 opinions

  1. Graffam v. BurgessSupreme Court of the United States · 1886
  2. Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
  3. Ballentyne v. SmithSupreme Court of the United States · 1907
  4. In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
  5. Sturgiss v. CorbinCourt of Appeals for the Fourth Circuit · 1905

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3Cited by47 opinions

  1. In Re FOOD BARN STORES, INC., Debtor. FOUR B. CORPORATION, Creditor—Appellant, v. FOOD BARN STORES, INC., Debtor—AppelleeCourt of Appeals for the Eighth Circuit · 1997
  2. In re Gil-bern Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
  3. Frascatore v. Secretary of Housing & Urban Development (In Re Frascatore)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  4. Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
  5. Curt Daniels Vs. John Holtz Wsh Properties Llc Navajo Associates, Llc, John Does And Jane Roes 1–5Supreme Court of Iowa · 2010

42 more not listed; retrieve them via the Exa API.

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