Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of WM. J. BRAUN BUILDERS, Inc., Bankrupt. Theodore R. SPILKA, Trustee, Appellant, v. Joseph F. RIST, Appellee.

PER CURIAM.

In this bankruptcy proceeding the legal questions are:

Can a secured creditor act as one of the petitioning creditors in an involuntary proceeding, and

If he so acts, what part of the secured claim is lost?

The Referee and District Court answered a secured creditor may so act, and in so doing waives only $500 of his secured claim.

With this conclusion we agree. No useful purpose can be gained by restating what has been so ably written by the most experienced and learned Referee in Bankruptcy as confirmed by Chief District Judge Paul Jones.

It is ordered that the judgment of the District Court be affirmed, for the reasons stated by Referee Friebolin in his opinion on Certificate of Review.

Use AI to get other relevant cases.

Comments

IN RE WM. J. BRAUN BUILDERS
(Dec 11, 1958)