Legal Opinion

Schaefer v. Smith

Court of Appeals for the Tenth Circuit

Decided December 11, 1972No. Nos. 72-1276, 72-1277PublishedCited by 6 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

Schaefer, the bankrupt, appeals from a judgment of the United States District Court for the District of New Mexico affirming a bankruptcy referee’s finding that certain contingent contractual obligations for the repurchase of corporate stock were not provable and therefore not dischargeable in bankruptcy. We conclude that the contractual obligations are provable, allowable, and therefore dischargeable.

In January of 1969 Schaefer sold to each appellee, Blauw and Smith, three-fourths of a share of common stock in a Texas corporation for which Schaefer received $5,000 from…

2Cases cited6 opinions

  1. Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  2. Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
  3. Brown v. O'KEEFESupreme Court of the United States · 1937
  4. Maynard v. ElliottSupreme Court of the United States · 1931
  5. In the Matter of William Rakestraw Co., Inc., Bankrupt. Marin Foods, Inc. v. Walter J. Hempy, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1971

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3Cited by6 opinions

  1. 8 Collier bankr.cas.2d 186, Bankr. L. Rep. P 69,089, 30 cont.cas.fed. (Cch) 70,845 in the Matter of Gary Aircraft Corporation, Debtor. Gary Aircraft Corporation v. United StatesCourt of Appeals for the Fifth Circuit · 1983
  2. Gary Aircraft Corp. v. United StatesCourt of Appeals for the Fifth Circuit · 1983
  3. Adams v. EvansCourt of Appeals for the Fifth Circuit · 1981
  4. In Re AdamsCourt of Appeals for the Fifth Circuit · 1981
  5. Schaefer v. SmithCourt of Appeals for the Tenth Circuit · 1972

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