Legal Opinion

In re Avorn Dress Co.

District Court, S.D. New York

Decided February 14, 1935PublishedCited by 2 opinions

1Opinion of the Court

CAFFEY, District Judge.

A debtor in • possession, under section 77B of the Bankruptcy Act (11 USCA. § 207), holds the property constituting the trust estate solely as an agent of the court. In consequence, he is without power, in the absence of previous explicit authorization, either to borrow money or to pledge the assets in his hands. Chicago Deposit Vault Co. v. McNulta, 153 U. S. 554, 561, 14 S. Ct. 915, 38 L. Ed. 819; Northern Finance Corporation v. Byrnes (C. C. A.) 5 F.(2d) 11, 13; Byrnes v. Missouri Nat. Bank (C. C. A.) 7 F.(2d) 978, 979, 980; Darling v. Cornstalk Products Co. (D. C.)…

2Cases cited4 opinions

  1. Chicago Deposit Vault Co. v. McNultaSupreme Court of the United States · 1894
  2. Northern Finance Corporation v. ByrnesCourt of Appeals for the Eighth Circuit · 1925
  3. Byrnes v. Missouri Nat. BankCourt of Appeals for the Eighth Circuit · 1925
  4. Darling v. Cornstalk Products Co.District Court, E.D. Illinois · 1931

3Cited by2 opinions

  1. Urban Properties Corporation v. BensonCourt of Appeals for the Ninth Circuit · 1940
  2. Urban Properties Corporation v. BensonCourt of Appeals for the Ninth Circuit · 1940

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