In the Matter of Yale Express System, Inc., Debter. Fruehauf Corporation v. Yale Express System

(dissenting) :

I dissent and vote to affirm Judge Tyler’s order.

Section 116(4) of the Bankruptcy Act, 52 Stat. 885 (1938), 11 U.S.C. § 516(4), empowers the district court in a Chapter X reorganization to stay the enforcement of a “lien upon the property of the debtor,” and it should do so if such enforcement would jeopardize the reorganization and if there is “some reasonable assurance that a suitable substitute will be offered” by the plan of reorganization. In re Murel Holding Corp., 75 F.2d 941, 943 (2 Cir. 1935); 2 Gerdes, Corporate Reorganizations 1451-52 (1936); see In re Prudence Co.,…