In Re Rudolph William Stuckenberg, Jerome W. Sidel, Trustee in Bankruptcy v. First Federal Savings & Loan Association of Normandy

First Circuit

In Re Rudolph William Stuckenberg, Jerome W. Sidel, Trustee in Bankruptcy v. First Federal Savings & Loan Association of Normandy

505 F.2d 1250, 2 Collier Bankr. Cas. 2d 692, 1974 U.S. App. LEXIS 5803

CourtCourt of Appeals for the First Circuit

DecidedDecember 4, 1974

Docket74-1357

StatusPublished

This text of 505 F.2d 1250 (In Re Rudolph William Stuckenberg, Jerome W. Sidel, Trustee in Bankruptcy v. First Federal Savings & Loan Association of Normandy) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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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In Re Rudolph William Stuckenberg, Jerome W. Sidel, Trustee in Bankruptcy v. First Federal Savings & Loan Association of Normandy, 505 F.2d 1250, 2 Collier Bankr. Cas. 2d 692, 1974 U.S. App. LEXIS 5803 (1st Cir. 1974).

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Opinion

PER CURIAM.

The trustee in bankruptcy appeals an adverse determination of the District Court 1 that First Federal Savings, the mortgagee of real property owned by the bankrupt, is entitled to the rents collected by it on the mortgaged premises after bankruptcy. The District Court’s Memorandum Opinion and Order, reported at 374 F.Supp. 15 (E.D.Mo.1974), set aside that portion of the Referee’s order which required First Federal to turn over the rents from two of the five apartment units in the mortgaged premises.

Upon a careful consideration of the record, briefs, and arguments of the parties, the Court has concluded that the decision of the District Court should be affirmed on the basis of the reasons set forth in Judge Regan’s opinion. We think that the District Court correctly applied Missouri law to the undisputed facts in the record. When viewed in the totality of the circumstances appearing in the record, the District Court’s conclusion that First Federal was a mortgagee in possession before bankruptcy is correct and entitled to affirmance upon appeal.

For these reasons the judgment appealed from is affirmed.

1

. The Honorable John K. Regan, United States District Judge for the Eastern District of Missouri.

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PER CURIAM.

The trustee in bankruptcy appeals an adverse determination of the District Court 1 that First Federal Savings, the mortgagee of real property owned by the bankrupt, is entitled to the rents collected by it on the mortgaged premises after bankruptcy. The District Court’s Memorandum Opinion and Order, reported at 374 F.Supp. 15 (E.D.Mo.1974), set aside that portion of the Referee’s order which required First Federal to turn over the rents from two of the five apartment units in the mortgaged premises.

Upon a careful consideration of the record, briefs, and arguments of the parties, the Court has concluded that the decision of the District Court should be affirmed on the basis of the reasons set forth in Judge Regan’s opinion. We think that the District Court correctly applied Missouri law to the undisputed facts in the record. When viewed in the totality of the circumstances appearing in the record, the District Court’s conclusion that First Federal was a mortgagee in possession before bankruptcy is correct and entitled to affirmance upon appeal.

For these reasons the judgment appealed from is affirmed.

1

. The Honorable John K. Regan, United States District Judge for the Eastern District of Missouri.

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505 F.2d 1250, 2 Collier Bankr. Cas. 2d 692, 1974 U.S. App. LEXIS 5803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rudolph-william-stuckenberg-jerome-w-sidel-trustee-in-bankruptcy-ca1-1974.

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