In re No Care Electric Radiator Corp.

S.D. New York

In re No Care Electric Radiator Corp.

3 F. Supp. 331, 1933 U.S. Dist. LEXIS 1607

CourtDistrict Court, S.D. New York

DecidedJanuary 17, 1933

DocketNo. 54412

StatusPublished

Cited by1 cases

This text of 3 F. Supp. 331 (In re No Care Electric Radiator Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re No Care Electric Radiator Corp., 3 F. Supp. 331, 1933 U.S. Dist. LEXIS 1607 (S.D.N.Y. 1933).

Pincite

Opinion

PATTERSON, District Judge.

This is an application by a landlord who had leased premises in Brooklyn to the bankrupt for a term of years, to compel the receiver to pay rent for some six months between the filing of the involuntary petition and the adjudication of bankruptcy. No ancillary receiver was appointed in the Eastern District and there is nothing to show that the receiver appointed in this district ever used or took possession of the premises or adopted the lease.

The basis of the rule requiring a receiver or trustee to pay a reasonable rent for premises as one of the expenses of administration is that he has taken over the premises and has used them in the course of liquidation. In such cases rent for the occupancy is allowed as one of the expenses in administering the estate. In re Hersey (D. C.) 171 F. 998; Gardner v. Gleason (C. C. A.) 259 F. 755. Where possession by the receiver is lacking, he cannot be held for rent. See Petition of Colburn (C. C. A.) 16 F.(2d) 780. In this case the premises were in possession of the bankrupt, not of the receiver. The petition will therefore be denied.

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

PATTERSON, District Judge.

This is an application by a landlord who had leased premises in Brooklyn to the bankrupt for a term of years, to compel the receiver to pay rent for some six months between the filing of the involuntary petition and the adjudication of bankruptcy. No ancillary receiver was appointed in the Eastern District and there is nothing to show that the receiver appointed in this district ever used or took possession of the premises or adopted the lease.

The basis of the rule requiring a receiver or trustee to pay a reasonable rent for premises as one of the expenses of administration is that he has taken over the premises and has used them in the course of liquidation. In such cases rent for the occupancy is allowed as one of the expenses in administering the estate. In re Hersey (D. C.) 171 F. 998; Gardner v. Gleason (C. C. A.) 259 F. 755. Where possession by the receiver is lacking, he cannot be held for rent. See Petition of Colburn (C. C. A.) 16 F.(2d) 780. In this case the premises were in possession of the bankrupt, not of the receiver. The petition will therefore be denied.

Cite This Page — Counsel Stack

Bluebook (online)

3 F. Supp. 331, 1933 U.S. Dist. LEXIS 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-no-care-electric-radiator-corp-nysd-1933.

Opinion

Related

Cite This Page — Counsel Stack