Legal Opinion

Hickey v. Ritz-Carlton Restaurant & Hotel Co.

Court of Appeals for the Third Circuit

Decided May 2, 1938No. 6629PublishedCited by 6 opinions

1Opinion of the Court

BUFFINGTON, Circuit Judge.

This is an appeal from two orders of the District Court, one denying a motion to dismiss the petition filed under section 77B, Bankr.Act, 11 U.S.C.A. § 207, 'to reorganize the Ritz Carlton Restaurant & Hotel Company of' Atlantic City, hereinafter called the debtor, and the other making permanent the appointment of the trustee of the debtor.

The main question involved in this case is whether or not the petition was filed in good faith.

The debtor, on July 1, 1920, issued $5,-500.000 worth of 6 per cent, bonds which were secured by a first mortgage on the debtor’s…

2Cases cited5 opinions

  1. Musser v. MusserSupreme Court of Missouri · 1920
  2. Universal Oil Products Co. v. Skelly Oil Co.District Court, D. Delaware · 1926
  3. Brown v. United StatesCourt of Appeals for the Third Circuit · 1938
  4. Oil Shares, Inc. v. KahnCourt of Appeals for the Third Circuit · 1938
  5. United States v. CharpentierDistrict Court, E.D. New York · 1931

3Cited by6 opinions

  1. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  2. D'ANDREA v. PringleCalifornia Court of Appeal · 1966
  3. Dvinsky v. CookCourt of Appeals for the Seventh Circuit · 1939
  4. Wells Fargo v. Bear Stearns Co IncCourt of Appeals for the Third Circuit · 2019
  5. Erickson v. YoungCourt of Appeals for the Seventh Circuit · 1940

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