Citizens National Bank of Lubbock v. Speer

Fifth Circuit

Citizens National Bank of Lubbock v. Speer

202 F.2d 491, 1953 U.S. App. LEXIS 3265

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 11, 1953

Docket14195

StatusPublished

Cited by6 cases

This text of 202 F.2d 491 (Citizens National Bank of Lubbock v. Speer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens National Bank of Lubbock v. Speer, 202 F.2d 491, 1953 U.S. App. LEXIS 3265 (5th Cir. 1953).

Pincite

Opinion

HOLMES, Circuit Judge.

This appeal is from an order of the court below denying the petition of appellant, the Citizens National Bank of Lubbock, to intervene in a pending bankruptcy proceeding wherein C. M. Henderson was adjudged a bankrupt. The purpose of the bank, if allowed to intervene, was to file a motion to vacate the adjudication of said Henderson as a bankrupt,' which had previously taken place. At the outset in this court, the appellee moved to dismiss the bank’s appeal, which motion will be denied and the bank’s request to intervene considered on its merits.

.The bank’s petition shows on its face that it is not a party in interest to said proceeding. If interested at all, it is only by virtue of being a preference creditor or transferee of the bankrupt, whose debt was paid or satisfied prior to the filing of the involuntary petition in bankruptcy. We think the court below committed no error in not allowing the bank to intervene.

To be an interested party, the appellant must be affected or aggrieved .by the order of adjudication. On the face of the record before us, such order does not affect it unless it m'ay be construed as adjudicating the bank to be a preference creditor 'or transferee, and it is not susceptible of any such construction. Manson v. Williams, 213 U.S. 453, 29 S.Ct. 519, 53 L.Ed. 869; Friend v. Talcott, 228 U.S. 27, 33 S.Ct. 505, 57 L.Ed. 718; Kinder v. Scharff, 231 U.S. 517, 34 S.Ct. 164, 58 L.Ed. 343; Gratiot County State Bank v. Johnson, 249 U.S. 246, 39.S.Ct. 263, 63 L.Ed. 587; Liberty National Bank of Roanoke v. Bear, 265 U.S. 365, 44 S.Ct. 499, 68 L.Ed. 1057; In re Snyder, 9 Cir., 4 F.2d 627; J. S. & J. F. String v. Birkhahn, 3 Cir., 30 F.2d 492; Rogers v. Bank of America Nat. Trust & Savings Ass’n, 9 Cir., 142 F.2d 128, 129; Vol. 2, Collier on Bankruptcy, p. 110-114.

The judgment appealed from is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

HOLMES, Circuit Judge.

This appeal is from an order of the court below denying the petition of appellant, the Citizens National Bank of Lubbock, to intervene in a pending bankruptcy proceeding wherein C. M. Henderson was adjudged a bankrupt. The purpose of the bank, if allowed to intervene, was to file a motion to vacate the adjudication of said Henderson as a bankrupt,' which had previously taken place. At the outset in this court, the appellee moved to dismiss the bank’s appeal, which motion will be denied and the bank’s request to intervene considered on its merits.

.The bank’s petition shows on its face that it is not a party in interest to said proceeding. If interested at all, it is only by virtue of being a preference creditor or transferee of the bankrupt, whose debt was paid or satisfied prior to the filing of the involuntary petition in bankruptcy. We think the court below committed no error in not allowing the bank to intervene.

To be an interested party, the appellant must be affected or aggrieved .by the order of adjudication. On the face of the record before us, such order does not affect it unless it m'ay be construed as adjudicating the bank to be a preference creditor 'or transferee, and it is not susceptible of any such construction. Manson v. Williams, 213 U.S. 453, 29 S.Ct. 519, 53 L.Ed. 869; Friend v. Talcott, 228 U.S. 27, 33 S.Ct. 505, 57 L.Ed. 718; Kinder v. Scharff, 231 U.S. 517, 34 S.Ct. 164, 58 L.Ed. 343; Gratiot County State Bank v. Johnson, 249 U.S. 246, 39.S.Ct. 263, 63 L.Ed. 587; Liberty National Bank of Roanoke v. Bear, 265 U.S. 365, 44 S.Ct. 499, 68 L.Ed. 1057; In re Snyder, 9 Cir., 4 F.2d 627; J. S. & J. F. String v. Birkhahn, 3 Cir., 30 F.2d 492; Rogers v. Bank of America Nat. Trust & Savings Ass’n, 9 Cir., 142 F.2d 128, 129; Vol. 2, Collier on Bankruptcy, p. 110-114.

The judgment appealed from is affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

202 F.2d 491, 1953 U.S. App. LEXIS 3265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-national-bank-of-lubbock-v-speer-ca5-1953.

Opinion

Related

Cite This Page — Counsel Stack