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384 F.2d 363·
5th Cir.·
1967-10-18
·cited 1×
The court held that a bankruptcy referee lacks summary jurisdiction to compel individual family members to file bankruptcy schedules when they assert substantial, bona fide title to property and the bankrupt corporation never possessed it.
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679 F.2d 821·
11th Cir.·
1982-06-14
A secured creditor who repossesses a debtor's automobile through self-help is not a 'custodian' under the Bankruptcy Act, and thus is not required to deliver possession to the bankruptcy trustee.
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634 F.2d 1144·
8th Cir.·
1980-12-03
The court held that the district court properly concluded the appellee showed a substantial claim of right to the consulting fees, meaning the bankruptcy court did not have summary jurisdiction.
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617 F.2d 1171·
5th Cir.·
1980-05-29
A party waives objection to a bankruptcy court's summary jurisdiction if not raised in a timely motion or answer, and this waiver cannot be revived by a subsequent amendment.
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590 F.2d 876·
10th Cir.·
1979-01-22
The court held that a receiver must use a plenary suit, not a summary proceeding, to obtain property in the possession of a third party claiming adverse interest.
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495 F.2d 18·
9th Cir.·
1974-03-28
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D.D.C.·
1970-10-07
A bankruptcy court may exercise summary jurisdiction over a fund attached in state court if all parties with claims to the fund consent, even if the attachment lien would otherwise be voidable under Section 67(f) of the Bankruptcy Act.
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416 F.2d 705·
2d Cir.·
1969-10-06
The court held that the bankruptcy court properly exercised summary jurisdiction to order the turnover of a security deposit commingled with general funds.
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406 F.2d 407·
5th Cir.·
1969-01-15
The bankruptcy court erred by issuing a turnover order without joining a third party claiming the escrowed funds.
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367 F.2d 358·
1st Cir.·
1966-10-03
The court held that the district court misread statutes regarding jurisdiction and Supreme Court precedent concerning bankruptcy proceedings.
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357 F.2d 190·
6th Cir.·
1966-02-18
The Bankruptcy Court has summary jurisdiction to order a turnover of funds when the bankrupt's labor and material suppliers failed to file or perfect their lien rights, and the prime contractor has agreed to the amount owed.
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315 F.2d 422·
9th Cir.·
1963-03-23
Assignments of accounts arising from restaurant sales to Diners' Club are invalid as to creditors if not recorded under California Civil Code § 3017 et seq.
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313 F.2d 596·
5th Cir.·
1963-02-13
The court held that the bankruptcy court had summary jurisdiction to adjudicate title to the property and that the trustee's action was timely brought under federal law, despite state statute of limitations concerns.
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298 F.2d 688·
1st Cir.·
1962-01-31
The court held that the district court had summary jurisdiction because the intangible 'Bettinger process' was not sufficiently in Walker's possession prior to bankruptcy filing, and the injunction was improperly issued as Walker's actions were authorized by the contract and subs
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282 F.2d 607·
4th Cir.·
1960-08-19
The court held that Lindsey-Robinson's claim to the flocks was colorable only, thus the bankruptcy court had constructive possession and summary jurisdiction to determine ownership, and the trustee was the rightful owner.
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273 F.2d 162·
6th Cir.·
1959-12-10
The court affirmed the district court's order denying a petition for a turnover order and contempt citation.
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190 F.2d 595·
D.C. Cir.·
1951-04-05
The court held that the bankruptcy court retained summary jurisdiction to determine if the attorney was authorized to receive the dividend, and that the limited power of attorney did not grant such authority.