Provable Claims In Bankruptcy

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

• Fed's., Inc. v. Edmonton Inv. Co.
  555 F.2d 577· 6th Cir.· 1977-04-11 ·cited 20×
  A debtor's unexpired lease of real property remains an executory contract in a Chapter XI proceeding, and its liabilities are not discharged unless affirmatively rejected by the debtor.
• In re Joslyn's Estate. Appeal of Benevolent AND Protective Order OF Elks OF United States. Appeal of Hillmer. Young v. Joslyn
  171 F.2d 159· 7th Cir.· 1948-12-03 ·cited 20×
  The court held that the Elks has a provable claim in bankruptcy for stockholder liability, and that the issue of administrability of the bankrupt's trust interest was not properly before the court that entered the appealed order.
• In re the Winner Corp. v. The Winner Corp. & the Indus. Dev. Bd. of Dickson Cnty.
  632 F.2d 658· 6th Cir.· 1980-09-26 ·cited 10×
  The court held that the District Court erred in dismissing the bank's appeal for late filing of the designation of record and non-payment of the filing fee, as there was no evidence of bad faith. The court reversed the dismissal and remanded for reinstatement of the appeal.
• Valdes v. Feliciano
  267 F.2d 91· 1st Cir.· 1959-04-29 ·cited 10×
  The court held that tort actions against a debtor railroad, arising after the filing of a reorganization petition but before trustee qualification, are not barred by a bankruptcy court's injunction and should be allowed to proceed in local courts. However, the court affirmed the
• Oldden v. Tonto Realty Corp.
  143 F.2d 916· 2d Cir.· 1944-05-17 ·cited 10×
  A landlord must deduct security deposit from the total allowable claim under Bankruptcy Act § 63, sub. a(9), not from the total damages calculated under the lease, to avoid exceeding the statutory limit.
• In re Mooney Aircraft, Inc. v. Foster
  730 F.2d 367· 5th Cir.· 1984-04-23 ·cited 8×
  The bankruptcy court lacked jurisdiction to enjoin tort claims against a successor corporation because the claims did not exist at the time of the bankruptcy sale and were not encompassed by the bankruptcy court's prior orders.
• 120 Wall Assocs. v. Schilling
  266 F.2d 548· 2d Cir.· 1959-05-14 ·cited 8×
  The court held that a bankruptcy trustee is liable for use and occupancy of leased premises from the commencement of the reorganization proceeding, not just from the date of appointment or physical occupation.
• In re Pub. Serv. Co. OF NEW Hampshire v. NEW Hampshire Elec. Coop., Inc.
  884 F.2d 11· 1st Cir.· 1989-08-24 ·cited 6×
  A party cannot claim a setoff based on an executory contract that has not been rejected by the debtor, as no provable claim has yet arisen under that contract.
• In re United Merchs. & Mfrs., Inc. v. The Equitable Life Assurance Soc'y OF THE United States & John Hancock Mut. Life Ins. Co.
  674 F.2d 134· 2d Cir.· 1982-02-24 ·cited 6×
  The court held that unsecured creditors can recover contractually agreed-upon collection costs and liquidated damages in bankruptcy proceedings, provided they are valid under state law.
• Matter of E. Supply Co.
  267 F.2d 776· 3d Cir.· 1959-06-17 ·cited 6×
  The court held that an involuntary bankruptcy petition signed by an attorney-in-fact and attorney is valid, and the verification is sufficient, even if the agent lacked explicit authority at the time of signing, provided the act is later ratified.
• In re Maryvale Cmty. Hosp., Inc. v. Bratrud
  456 F.2d 414· 9th Cir.· 1972-02-11 ·cited 4×
  The court held that damages for a contract rejection under Chapter X of the Bankruptcy Act arise at the time of rejection, and cannot encompass alleged prior tortious conduct by a receiver.
• United States v. Bankruptcy
  282 F.2d 535· 10th Cir.· 1960-09-03 ·cited 4×
  The United States is entitled to set off an amount it owes a bankrupt on an executory contract against its claim for damages arising from the bankrupts' failure to complete that contract.
• Theis v. Luther
  151 F.2d 397· 8th Cir.· 1945-10-29 ·cited 4×
  The court held that the interveners did not have provable claims against the alleged bankrupt, as the bankrupt's unjust enrichment belonged to the principal (the Committee), not the purchasers.
• In re Crawford Clothes, Inc. v. A. & H. Levine
  434 F.2d 399· 2d Cir.· 1970-11-10 ·cited 2×
  The court held that the landlords' demolition of the premises did not terminate the operation of the lease's indemnity clause for calculating damages provable under § 63(a)(9) of the Bankruptcy Act.
• In re the Magnavox Co. & Sanders Assocs.
  627 F.2d 803· 7th Cir.· 1980-08-01
  A claim for patent infringement is a tort and therefore not provable in bankruptcy under the old Bankruptcy Act, and thus not dischargeable.
• In re the Chapter XI Bankr. Arrangement Proceedings of Lee Bros. Value World, Inc. v. LEE Bros. Value World, Inc.
  486 F.2d 1037· 9th Cir.· 1973-10-25
• In re Cornucopia Gold Mines, Inc.
  267 F.2d 334· 3d Cir.· 1959-05-21
  The court held that the validity of petitioning creditors' claims was satisfactorily established and that evidence regarding acts of bankruptcy called for jury consideration.
• Mfrs. Trading Corp. v. Roberts. in re Banning Mills
  138 F.2d 806· 5th Cir.· 1943-12-01
  An adjudication in bankruptcy constitutes an anticipatory breach of an executory contract for services, limiting the claimant to damages for the breach rather than contractual rights.
• In re GAS Co. OF Miami Beach, Inc.
  S.D. Fla.· 1932-02-03
  A gas company's customer deposits held under service contracts are contingent liabilities, not provable claims in bankruptcy, because the company's obligation to return them arises only upon cessation of service, which has not occurred.