In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist

Sixth Circuit

In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist

262 F.2d 107, 1958 U.S. App. LEXIS 4856

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 11, 1958

Docket13619_1

StatusPublished

Cited by5 cases

This text of 262 F.2d 107 (In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist, 262 F.2d 107, 1958 U.S. App. LEXIS 4856 (6th Cir. 1958).

Pincite

Opinion

PER CURIAM.

In this bankruptcy proceeding the legal questions are:

Can a secured creditor act as one of the petitioning creditors in an involuntary proceeding, and

If he so acts, what part of the secured claim is lost?

The Referee and District Court answered a secured creditor may so act, and in so doing waives only $500 of his secured claim.

*108 With this conclusion we agree. No useful purpose can be gained by restating what has been so ably written by the most experienced and learned Referee in Bankruptcy as confirmed by Chief District Judge Paul Jones.

It is ordered that the judgment of the District Court be affirmed, for the reasons stated by Referee Friebolin in his opinion on Certificate of Review.

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