French v. Casaudoumecq

Ninth Circuit

French v. Casaudoumecq

215 F.2d 101, 1954 U.S. App. LEXIS 3904

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 9, 1954

Docket13823_1

StatusPublished

This text of 215 F.2d 101 (French v. Casaudoumecq) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

French v. Casaudoumecq, 215 F.2d 101, 1954 U.S. App. LEXIS 3904 (9th Cir. 1954).

Pincite

Opinion

PER CURIAM.

This appeal arises out of proceedings following a petition for agricultural composition and extension under Section 75 of the Bankruptcy Act of 1938, Title 11 U.S.C.A. § 203. The point at issue is whether the bankruptcy court was authorized to sell real property if the debtor has failed to refinance himself within three years and no reappraisement or determination by the court of the property’s value has been made.

The trial court in its opinion, D.C., 108 F.Supp. 431, discusses the seeming ambiguities in the Act and holds that the reappraisement or court fixed value of the property is necessary and that a sale without either and without affording the debtor the opportunity to buy is invalid. The authorities are cited and analyzed in the opinion.

We approve the opinion and the order of the district court is

Affirmed.

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