George Papuchis v. Honorable John A. Bresnahan, Referee in Bankruptcy

D.C. Circuit

George Papuchis v. Honorable John A. Bresnahan, Referee in Bankruptcy

393 F.2d 359, 129 U.S. App. D.C. 250, 1968 U.S. App. LEXIS 7901

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 1, 1968

Docket21211_1

StatusPublished

This text of 393 F.2d 359 (George Papuchis v. Honorable John A. Bresnahan, Referee in Bankruptcy) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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George Papuchis v. Honorable John A. Bresnahan, Referee in Bankruptcy, 393 F.2d 359, 129 U.S. App. D.C. 250, 1968 U.S. App. LEXIS 7901 (D.C. Cir. 1968).

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Opinion

PER CURIAM:

Appellants, creditors and stockholders of the J & P Distributors, Inc., contend that the Referee in Bankruptcy and the District Court incorrectly denied their motion to intervene in opposition to the bankruptcy proceedings against the above-named corporation. We think appellants have no right to intervene as creditors opposing the petition in bankruptcy. See In re Carden, 118 F.2d 677, 679 (2d Cir.), cert. denied McClave & Co. v. Carden, 314 U.S. 647, 62 S.Ct. 91, 86 L.Ed. 519 (1941). They might have a right to intervene as stockholders if there were substantial grounds .to believe that the J & P Corporation would not adequately contest the bankrupcty proceedings. See Klein v. Nu-Way Shoe Co., 136 F.2d 986, 989 (2d Cir. 1943). But since appellants’ motion to intervene made no such allegation against the corporation, we do not face that issue. Accordingly, we affirm.

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PER CURIAM:

Appellants, creditors and stockholders of the J & P Distributors, Inc., contend that the Referee in Bankruptcy and the District Court incorrectly denied their motion to intervene in opposition to the bankruptcy proceedings against the above-named corporation. We think appellants have no right to intervene as creditors opposing the petition in bankruptcy. See In re Carden, 118 F.2d 677, 679 (2d Cir.), cert. denied McClave & Co. v. Carden, 314 U.S. 647, 62 S.Ct. 91, 86 L.Ed. 519 (1941). They might have a right to intervene as stockholders if there were substantial grounds .to believe that the J & P Corporation would not adequately contest the bankrupcty proceedings. See Klein v. Nu-Way Shoe Co., 136 F.2d 986, 989 (2d Cir. 1943). But since appellants’ motion to intervene made no such allegation against the corporation, we do not face that issue. Accordingly, we affirm.

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393 F.2d 359, 129 U.S. App. D.C. 250, 1968 U.S. App. LEXIS 7901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-papuchis-v-honorable-john-a-bresnahan-referee-in-bankruptcy-cadc-1968.

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