Provable Claim

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

• In re Crateo, Inc. v. Intermark, Inc.
  536 F.2d 862· 9th Cir.· 1976-05-27 ·cited 30×
  The court held that a California corporation's petition for judicial supervision of its dissolution, when insolvent, constitutes an act of bankruptcy under 11 U.S.C. § 21(a)(5), and that post-judgment motions to vacate and requests for depositions were properly denied.
• In re Gibraltor Amusements, Ltd.
  291 F.2d 22· 2d Cir.· 1961-05-24 ·cited 24×
  The dissenting judge holds that a parent corporation and its wholly owned subsidiary should not be considered two separate creditors for the purpose of initiating involuntary bankruptcy proceedings under § 59, sub. b of the Bankruptcy Act.
• In re Jolly v. Still
  574 F.2d 349· 6th Cir.· 1978-04-13 ·cited 17×
  The court held that the rejection provisions of Chapter XIII of the Bankruptcy Act do not apply to contracts that have already been breached and reduced to a final judgment.
• United Props. Inc. v. Emporium Dep't Stores, Inc.
  379 F.2d 55· 8th Cir.· 1967-06-01 ·cited 16×
• Fed. Deposit Ins. Corp. v. Texarkana Nat'l Bank
  874 F.2d 264· 5th Cir.· 1989-06-02 ·cited 12×
  The court held that the D'Oench, Duhme doctrine was inapplicable and that TNB was entitled to set off debts owed to the insolvent bank due to fraud in loan participations.
• In re the Trimble Co.
  339 F.2d 838· 3d Cir.· 1964-12-29 ·cited 12×
  The court held that while the notes were validly issued, their enforceability against bona fide creditors was conditional on the corporation's financial condition under Pennsylvania law, and that the issue of whether a preferential transfer occurred required further factual deter
• Citizens State Bank OF Lometa v. Fed. Deposit Ins. Corp.
  946 F.2d 408· 5th Cir.· 1991-11-04 ·cited 10×
  Standby letters of credit issued before a bank's insolvency are provable claims against the receiver, even if the default triggering the draw occurred after insolvency. Post-insolvency interest is generally not awardable unless all claims are paid in full or the receiver acted un
• Winkleman v. Ogami
  123 F.2d 78· 9th Cir.· 1941-10-03 ·cited 10×
  A creditor who has received a voidable preference is qualified to be counted as a petitioning creditor in an involuntary bankruptcy proceeding, even if the preference has not been surrendered.
• Tyler v. Marine Midland Tr. Co. of N.Y.
  128 F.2d 927· 2d Cir.· 1942-06-08 ·cited 8×
  A creditor holding an unmatured note may exercise a right of setoff against a debtor's deposit account even during Chapter XI proceedings, and this setoff's validity is not affected by a subsequent dismissal and immediate refiling under Chapter X.
• Rochelle v. United States
  521 F.2d 844· 5th Cir.· 1975-10-24 ·cited 7×
  A government tax claim against a partnership, which is also a personal liability of a partner, is subordinated by § 5g to individual creditors of the partner, but this subordination does not prevent the government from utilizing the set-off provision of § 68a against a claim of t
• Wis. Higher Educ. Aids Bd. v. Lipke
  630 F.2d 1225· 7th Cir.· 1980-09-19 ·cited 6×
  The court held that the repeal of Section 439A of the Higher Education Act was ineffective for bankruptcy proceedings commenced before October 1, 1979, due to congressional intent to prevent a dischargeability gap for student loans.
• In re Johnson v. McLEAN Bank
  552 F.2d 1072· 4th Cir.· 1977-04-05 ·cited 6×
  The court held that the bank could set off its claim against the bankrupt's estate, even though the claim arose from a separate transaction and the bankrupt's obligation on the notes was not yet due, because the debts were mutual and insolvency justified the set-off.
• Harris v. Capehart-Farnsworth Corp.
  225 F.2d 268· 8th Cir.· 1955-09-09 ·cited 6×
  The court held that the district court erred in determining prior to trial that petitioning creditors were qualified and that alleged bankrupts' set-offs were not to be considered.
• Ark. OIL & Mining Co. v. Murray Tool & Supply Co.
  127 F.2d 564· 8th Cir.· 1942-04-27 ·cited 6×
  The court held that the evidence was insufficient to prove insolvency at the time of the alleged acts of bankruptcy, and the written admission of inability to pay debts was not properly authorized by the corporation.
• In re Silver. Reeser v. Silver
  204 F.2d 259· 7th Cir.· 1953-05-01 ·cited 4×
  The court held that the involuntary bankruptcy petition was properly dismissed because the petitioning creditors' claims were not fixed as to liability and liquidated as to amount, as required by statute.
• In re Cent. Ill. OIL & Ref. Co. Flori Pipe Co. v. Hale
  133 F.2d 657· 7th Cir.· 1943-02-22 ·cited 4×
  The court held that a secured creditor filing an involuntary bankruptcy petition without mentioning its security waives that security.
• In re Godwin Bevers Co., Inc. v. Godwin Bevers Co., Inc.
  575 F.2d 805· 10th Cir.· 1978-05-03 ·cited 2×
  The court held that a real estate commission claim, even if contingent and unliquidated at the time of bankruptcy, is a provable debt and not an expense of administration when the claimant fully performed before bankruptcy.
• Granville C. Stapylton v. Neeley
  44 Fla. 212· Fla.· 1902-01-01 ·cited 2×
  The court reversed a lower court's decision that disallowed a claim against an insolvent bank stockholder's assigned assets. The appellate court found the assignee's petition premature and procedurally improper for seeking an adjudication on a single claim before distribution rea
• In re J. J. S. Co., Inc. v. Sacks
  445 F.2d 138· 7th Cir.· 1971-05-27
  The court held that the petitioning creditors qualified and that the state court receivership constituted an act of bankruptcy, affirming the adjudication of bankruptcy.
• In re Coldiron & Peeples OIL Co. v. Coldiron & Peeples OIL Co.
  356 F.2d 266· 9th Cir.· 1966-01-14
  The court held that the bankruptcy court has discretion to determine if an unliquidated claim can be readily estimated without unduly delaying adjudication, and that the record supported the referee's finding of undue delay.
• In re Diversified Dev. Corp. v. Sec. Tr. Co.
  341 F.2d 58· 7th Cir.· 1965-02-04
  The court held that a foreign banking corporation's claim, though unenforcible in Illinois courts due to lack of qualification, is not void and is provable in a federal bankruptcy reorganization proceeding.
• Prudential Ins. Co. of Am. v. Land Ests.
  130 F.2d 170· 2d Cir.· 1942-07-29
  The court held that the District Court properly denied Mutual's motions to file proofs of claim nunc pro tunc because granting them would have substantially prejudiced the rights of other creditors who had relied on the established plan and filed claims.