Bankruptcy Court Summary Jurisdiction

119 Florida cases classified under this topic · sorted by citation count · browse and sort

• Maule Indus., Inc. v. Gerstel
  232 F.2d 294· 5th Cir.· 1956-04-19 ·cited 48×
  The court held that the allegations in the creditor's petition were insufficient to justify piercing the corporate veil and ordering a turnover of assets, and that the bankruptcy court lacked summary jurisdiction over property in the custody of a state court receiver without cons
• In re Casco Chem. Co. v. Superintendence Co., Inc.
  335 F.2d 645· 5th Cir.· 1964-08-10 ·cited 38×
  An independent action under Rule 60(b) is not subject to the one-year time limit applicable to motions under grounds (1)-(3), but only to laches. The denial of summary jurisdiction in bankruptcy was correct because the funds were not in the bankrupt's possession.
• United Kingdom Mut. S.S. Assurance Ass'n v. Arthur L. Liman in Bankr. In the Matter of Seatrade Corp.
  418 F.2d 9· 2d Cir.· 1969-10-28 ·cited 36×
  The court held that an order determining summary jurisdiction in bankruptcy, where the merits of the claim have not been decided, is an interlocutory order in a 'controversy arising in proceedings in bankruptcy' and is therefore not immediately appealable.
• In re Solar Mfg. Corp.
  200 F.2d 327· 3d Cir.· 1952-12-03 ·cited 34×
  A bankruptcy court has summary jurisdiction over counterclaims filed against a claimant when the subject matter of the counterclaims arises from the same transaction as the claimant's filed proofs of claim or account.
• Evarts v. Eloy GIN Corp.
  204 F.2d 712· 9th Cir.· 1953-05-29 ·cited 30×
  The Bankruptcy Court lacks jurisdiction over claims against third parties not involving the debtor or its property, and a party not involved in the bankruptcy proceedings lacks standing to object to the dismissal of those proceedings.
• Suhl v. A. J. Bumb in the Matter of Sec. Currency Servs. Ltd.
  348 F.2d 869· 9th Cir.· 1965-06-28 ·cited 24×
  A bankruptcy court cannot exercise summary jurisdiction to administer assets of third parties, even if they are found to be alter egos of the bankrupt, unless those assets are in the actual or constructive possession of the bankruptcy court; a tortious conversion claim requires a
• S. Falls Corp. v. Rochelle
  329 F.2d 611· 5th Cir.· 1964-03-19 ·cited 24×
  The court held that a bankruptcy court has summary jurisdiction to order the turnover of funds transferred from the bankrupt estate after bankruptcy, even if the transferee no longer possesses the specific dollars, provided the transferee has benefited and its remaining assets ar
• Willyerd v. Buildex Co.
  463 F.2d 996· 6th Cir.· 1972-07-06 ·cited 22×
  A bankruptcy court lacks summary jurisdiction to enforce a disputed debt against a third party who claims the debt is not owed, and the district court has the power to review a referee's order affirming such jurisdiction.
• Ohio OIL Co. v. Thompson
  120 F.2d 831· 8th Cir.· 1941-06-23 ·cited 22×
  This court lacks jurisdiction to review a district court's order that interprets and enforces a Supreme Court mandate, as such review is reserved for the Supreme Court itself.
• Sherman v. Buckley
  119 F.2d 280· 2d Cir.· 1941-04-28 ·cited 21×
  The bankruptcy court erred in enjoining attorneys from enforcing their charging lien in the state court, as the trustee's prosecution of the action subjected him to the state court's jurisdiction.
• In re the Select-A-Seat Corp. v. Silver
  625 F.2d 290· 9th Cir.· 1980-08-11 ·cited 20×
  The court held that the bankruptcy court properly exercised summary jurisdiction to reject the executory contract, and Fénix's arguments regarding jurisdiction and the contract's burden were unpersuasive.
• City & Cnty. of Denver v. Warner
  169 F.2d 508· 10th Cir.· 1948-08-06 ·cited 20×
  The bankruptcy court lacked summary jurisdiction to take possession of personal property held by an adverse claimant under a colorable lien for taxes, and could not acquire such jurisdiction by ordering the property seized pending a decision on its jurisdiction.
• In re Am. S. Publ'g Co. v. Bailes
  426 F.2d 160· 5th Cir.· 1970-04-20 ·cited 16×
• Am. Mannex Corp. v. Joe D. Huffstutler for Trice Prod. Co.
  329 F.2d 449· 5th Cir.· 1964-03-26 ·cited 16×
  The court held that the respondent-appellant did not have a substantial claim to the property, making a summary proceeding by the Bankruptcy Court proper for turnover.
• In re N. Ind. Oil Co. Moore v. Fletcher
  192 F.2d 139· 7th Cir.· 1951-11-01 ·cited 15×
  Premiums paid on a supersedeas bond are taxable as costs, even when a case is dismissed for lack of jurisdiction, based on the court's equitable power to award costs according to justice.
• Kyle v. Stewart
  360 F.2d 753· 5th Cir.· 1966-05-17 ·cited 14×
  The court held that the bankruptcy court had summary jurisdiction to order the turnover of corporate property or its proceeds, even though the property was in the possession of a stockholder, because he held it as a fiduciary under a liquidation agreement.
• Soviero v. The Franklin Nat'l Bank OF Long Island
  328 F.2d 446· 2d Cir.· 1964-02-24 ·cited 14×
  The court held that the bankruptcy court properly exercised summary jurisdiction to pierce the corporate veils of affiliated corporations and a realty corporation, and affirmed the turnover order.
• Nicholas v. Peter PAN Snack Shop, Inc.
  256 F.2d 349· 5th Cir.· 1958-06-05 ·cited 14×
  The court held that the referee had jurisdiction over Lanrose's claim and that the deposit was security for the lease, not liquidated damages. The court also found the record insufficient to determine Peter Pan's claim and remanded for further proceedings.
• In re Kan. City Journal-Post Co. Bostian v. Schapiro
  144 F.2d 812· 8th Cir.· 1944-08-11 ·cited 14×
  A bankruptcy court lacks summary jurisdiction over a dispute concerning property held by a third party under a substantial and genuinely controverted adverse claim, even if that claim relies on a statute.
• Hughes Alonzo Robinson v. Mann
  339 F.2d 547· 5th Cir.· 1964-12-28 ·cited 13×
  The court held that a bankruptcy court has summary jurisdiction to set aside a fraudulent conveyance if the bankrupt retains possession of the property, and that a bankrupt may amend creditor schedules after six months in exceptional circumstances based on equitable discretion.
• In re Innkeepers OF NEW Castle, Inc.
  671 F.2d 221· 7th Cir.· 1982-02-10 ·cited 12×
  The court held that the attorney's contingent fee contract was valid and enforceable, and the attorney's lien attached to the judgment proceeds, despite the client's subsequent bankruptcy filing. The bankruptcy court erred in disregarding the contract and imposing a reasonable fe
• In re Roloff
  598 F.2d 783· 3d Cir.· 1979-04-26 ·cited 12×
  A bankruptcy court lacks summary jurisdiction to adjudicate affirmative defenses and counterclaims attacking the merits of a prior state court foreclosure judgment when a creditor files a complaint to vacate an automatic stay.
• In re Bayview Ests., Inc. v. Bayview Ests. Mobile Homeowners Ass'n
  508 F.2d 405· 6th Cir.· 1974-12-20 ·cited 12×
  The bankruptcy court did not have constructive possession of escrowed rent funds because the tenants asserted adverse claims under state law, precluding summary jurisdiction.
• Katchen v. Hyman D. Landy in Bankruptcy
  336 F.2d 535· 10th Cir.· 1964-09-09 ·cited 12×
  The court held that a bankruptcy court has summary jurisdiction over counterclaims seeking to recover voidable preferences or setoffs, but not over counterclaims wholly unrelated to the creditor's claim.
• Sulmeyer v. Pfohlman
  329 F.2d 915· 9th Cir.· 1964-03-24 ·cited 12×
  The district court did not err in sustaining the wife's objection to the bankruptcy court's summary jurisdiction and in permitting her to proceed with a state court action to determine property title.
• Slenderella Sys. OF Berkeley, Inc. v. Pac. Tel. & Tel. Co.
  286 F.2d 488· 2d Cir.· 1961-01-24 ·cited 12×
  The court held that the Bankruptcy Court lacked summary jurisdiction because telephone numbers are not property of the debtor and contract disputes require a plenary action.
• In re Joslyn's Estate. Fisher v. Young
  168 F.2d 803· 7th Cir.· 1948-06-04 ·cited 12×
  The Bankruptcy Court lacked summary jurisdiction to enter orders against an attorney who claimed an equitable lien on funds not in the court's possession, especially when the attorney timely objected to summary jurisdiction.
• In re Eakin
  154 F.2d 717· 2d Cir.· 1946-04-15 ·cited 12×
  A bankruptcy court lacks summary jurisdiction to adjudicate a bank's claim of setoff against a deposit when the bank asserts an adverse claim to the funds.
• In re Aughenbaugh. Appeal of Kunkel
  125 F.2d 887· 3d Cir.· 1942-02-11 ·cited 12×
  The court held that the referee and district court erred by considering evidence not formally presented at the hearing on the exceptions to the priority claim, thus requiring a rehearing.
• In re 671 Prospect Ave. Holding Corp. Newfield v. E. River Sav. Bank
  118 F.2d 453· 2d Cir.· 1941-03-24 ·cited 12×
  A bankruptcy trustee cannot recover damages for conversion of property in a summary proceeding over the objection of the respondent.
• In re Riffe Petroleum Co. v. Cibro Sales Corp.
  601 F.2d 1385· 10th Cir.· 1979-06-28 ·cited 11×
  The court held that the seizure of a vessel under a time charter did not violate a bankruptcy stay order because the charterer lacked title or possession of the vessel, and thus the bankruptcy court lacked summary jurisdiction to hold the seizing party in contempt.
• In re United Gen. Wood Prods. Corp. v. The Internal Revenue Serv.
  483 F.2d 975· 9th Cir.· 1973-08-17 ·cited 10×
  The bankruptcy court had summary jurisdiction to adjudicate claims to a fund derived from the debtor's accounts receivable because the debtor constructively possessed the fund when it filed its bankruptcy petition.
• In re Carnell Constr. Corp.
  424 F.2d 296· 3d Cir.· 1970-04-10 ·cited 10×
  A bankruptcy court does not have summary jurisdiction over a counterclaim unrelated to the creditor's filed claim, even if the creditor filed a proof of claim.
• Cont'l Cas. Co. v. P. B. White in Bankr. for Mech. Eng'g Corp.
  269 F.2d 213· 4th Cir.· 1959-07-20 ·cited 10×
  A bankruptcy court has summary jurisdiction to adjudicate a trustee's cross-claim for a voidable preference when the creditor files a claim arising from the same transaction.
• In re Muntz TV Inc. v. Allen
  229 F.2d 228· 7th Cir.· 1956-01-26 ·cited 10×
  The court held that the bankruptcy court has summary jurisdiction over a security deposit held by a third party in a corporate reorganization proceeding.
• Kaplan v. Guttman
  217 F.2d 481· 9th Cir.· 1954-11-09 ·cited 10×
  The federal bankruptcy court lacked jurisdiction to determine the rights of third parties (Lubell and the partnership) to property not belonging to the bankrupt estate.
• Zamore v. Goldblatt
  194 F.2d 933· 2d Cir.· 1952-03-06 ·cited 10×
  The court held that the bankruptcy court had summary jurisdiction and that the chattel mortgage was void against the trustee due to unreasonable delay in filing.
• In re N. Ind. Oil Co., Inc. v. Surprise
  180 F.2d 669· 7th Cir.· 1950-02-06 ·cited 10×
  The court held that the trustee failed to acquire title to the leasehold estates because he did not affirmatively adopt the leases as required by Section 70(b) of the Bankruptcy Act.
• Lunsford v. Haynie
  175 F.2d 603· 5th Cir.· 1949-07-14 ·cited 9×
  The court held that the appellant's withdrawal of corporate funds for personal use, excessive salaries, and pretended royalties were recoverable by the trustee, but the complete disallowance of expense accounts was error requiring re-examination.
• In re Dolly Madison Indus., Inc.
  504 F.2d 499· 3d Cir.· 1974-10-10 ·cited 8×
  A bankruptcy court's summary jurisdiction does not extend to ordering a state commission to reinstate a debtor's certificate of authority to do business, as this does not involve the administration of the debtor's estate or the preservation of property in the court's possession.
• In re Perspectron, Inc. v. Aero-Dyne Corp. OF Ill.
  422 F.2d 576· 7th Cir.· 1970-02-12 ·cited 8×
  The court held that the district court correctly determined it lacked summary jurisdiction because Aero-Dyne and the United States advanced real and substantial claims to the property, which required adjudication in a plenary proceeding.
• In re Abraham v. Rochelle
  421 F.2d 226· 5th Cir.· 1970-01-19 ·cited 8×
  The Bankruptcy Court has summary jurisdiction over property in its actual or constructive possession, and its findings of possession and consent are subject to review only for plain error.
• Carney v. Walter D. Sanders in Bankr. of the Atlanta Times, Inc.
  381 F.2d 300· 5th Cir.· 1967-08-08 ·cited 8×
  A bankruptcy court does not have summary jurisdiction over funds deposited in a state court registry in an interpleader action initiated before the bankruptcy filing.
• In re Process-Manz Press, Inc. v. Limperis
  369 F.2d 513· 7th Cir.· 1966-07-29 ·cited 8×
  A bankruptcy referee is ousted of summary jurisdiction when an adverse claimant's testimony and exhibits, taken as true, prima facie show a substantial claim, requiring a plenary trial.
• In re Wiltse Bros. Corp. v. Dempster
  361 F.2d 295· 6th Cir.· 1966-05-19 ·cited 8×
  The Bankruptcy Court has summary jurisdiction to sell a bankrupt's property free of liens and transfer those liens to the proceeds, even if the property is not in the bankrupt's actual possession, and can enjoin lienholders from pursuing state court actions.
• Loyd v. Stewart & Nuss, Inc.
  327 F.2d 642· 9th Cir.· 1964-01-30 ·cited 8×
  The Bankruptcy Court lacked summary jurisdiction to determine a dispute over a fund not in the debtor's possession where the debtor's title was disputed, and the stop notice attached to a debt owed to a third party, not the debtor.
• Nortex Trading Corp. v. Newfield
  311 F.2d 163· 2d Cir.· 1962-12-20 ·cited 8×
  The court held that service of an order to show cause upon a claimant's attorneys was sufficient, even when seeking affirmative relief like a turnover order for a preference, because the claimant had filed a proof of claim and consented to the court's jurisdiction.
• Bankruptcy v. W. F. Sebel Co., Inc.
  295 F.2d 654· 10th Cir.· 1961-10-24 ·cited 8×
  The bankruptcy court does not have summary jurisdiction to recover property mailed by a bankrupt before filing but delivered after filing, if the addressee claims ownership.
• Trailmobile, Inc. v. Wiseman
  244 F.2d 76· 6th Cir.· 1957-04-22 ·cited 8×
  The court held that the referee had summary jurisdiction and that the appellant's security interest was an unrecorded chattel mortgage invalid against the trustee in bankruptcy.
• Reconstr. Fin. Corp. v. Riverview State Bank
  217 F.2d 455· 10th Cir.· 1954-11-23 ·cited 8×
  The bankruptcy court had jurisdiction to determine the rights and liabilities of the RFC under a participation agreement, and the RFC was bound by its decision after submitting to that jurisdiction. The bank did not breach the agreement through its loan disbursements or servicing