Heiser v. Woodruff

10 Citing cases

  1. Girsh v. Katchen

    382 F.2d 560 (10th Cir. 1967)   Cited 6 times

    Appellants say that the district court erred in entertaining the petition for review because it was brought by a general creditor without any request to the trustee for such action. Behringer v. Lybrand Morgan, 10 Cir., 270 F.2d 670, and Heiser v. Woodruff, 10 Cir., 150 F.2d 867, recognize the rule that ordinarily a general creditor may not appeal from an order of the district court to the court of appeals without a request to the trustee and, if denied, a permissive order. We are concerned with a petition to the district court to review an order of the referee.

  2. Behringer v. Lybrand Morgan

    270 F.2d 670 (10th Cir. 1959)   Cited 5 times

    The appellants filed the notice of appeal as "claimants," which for aught that appears in the record must be considered as being synonymous with general creditors of the bankrupt corporation. In Heiser v. Woodruff, 150 F.2d 867, certiorari denied 326 U.S. 778, 66 S.Ct. 271, 90 L.Ed. 471, this Court outlined the procedure which a general creditor must follow to appeal from the allowance of another creditor's claim. In this connection Judge Bratton, speaking for the Court in the above entitled case, 150 F.2d at page 868, said:

  3. Matter of Licek Potato Chip Co.

    599 F.2d 181 (7th Cir. 1979)   Cited 9 times

    " In districts which will not have appellate panels, appeal may be taken to the district court under the new 28 U.S.C. § 1334, Pub.L. No. 95-598 § 238, 92 Stat. 2668 (1978), which gives district courts jurisdiction over interlocutory orders of the bankruptcy courts. The bankruptcy judge does not stand in the same relationship to the district court that the district court does to this court. He is an officer of the district court, appointed by that court, 11 U.S.C. § 62(a), and deriving his jurisdiction and powers from that court, 11 U.S.C. § 66. Heiser v. Woodruff, 150 F.2d 867, 868 (10th Cir.), cert. denied, 326 U.S. 778, 66 S.Ct. 271, 90 L.Ed. 471 (1945). Parties before the bankruptcy judge are before the district court.

  4. Stone v. Huffstutler

    227 F.2d 217 (5th Cir. 1955)   Cited 4 times

    Neither is there anything contrary to this view in Woodruff v. Heiser, 10 Cir., 150 F.2d 873, at page 874, where the district judge on review reversed the referee and it was held that though the petitioner did not have the right to petition for review of the order, the district judge did have the power of its own motion to review the order of the referee allowing the claim. Cf. Heiser v. Woodruff, 10 Cir., 150 F.2d 867. The appeal, however, will not be dismissed because to do so would be in effect to uphold appellants' right to petition for, and that of the district judge, on their petition, to review the referee's order.

  5. Rooke v. Reliable Home Equipment Co.

    195 F.2d 667 (4th Cir. 1952)   Cited 9 times
    Adopting the majority rule that, under the Bankruptcy Act, "a general creditor of a bankrupt has no right to contest another creditor's claim or to appeal from the refusal of the court to disallow it unless upon application the trustee has refused to do so and the district court has authorized the creditor to proceed in the trustee's name" and holding that a creditor lacked standing to prosecute an appeal without consent of the trustee and against the judgment of the referee

    '" See also, Amick v. Mortgage Security Corp., 8 Cir., 30 F.2d 359; In re Cook's Motors, 1 Cir., 142 F.2d 369; Ross v. Drybrough, 2 Cir., 149 F.2d 676; Heiser v. Woodruff, 10 Cir., 150 F.2d 867. In view of these authorities, we do not regard as controlling the decision of this court in McDaniel v. Stroud, 4 Cir., 106 F. 486, expressing preference, under the facts stated, for the views set out In re Roche, 5 Cir., 101 F. 956.

  6. Woodruff v. Heiser

    150 F.2d 869 (10th Cir. 1945)   Cited 4 times
    In Woodruff v. Heiser, 10 Cir., 150 F.2d 869, citing Pepper v. Litton, supra, Judge Bratton said: "A bankruptcy court in which an estate is being administered has full power to inquire into the validity of an alleged debt of the bankrupt upon which a claim against the estate is based.

    Judgment vacated, insofar as it allowed the claim, and the cause remanded with directions. See also, 10 Cir., 150 F.2d 867. Louis A. Fischl and Thos. W. Champion, both of Ardmore, Okla. (H.A. Ledbetter, of Ardmore, Okla., on the brief), for appellants.

  7. Woodruff v. Heiser

    150 F.2d 873 (10th Cir. 1945)   Cited 4 times

    While one creditor in a proceeding in bankruptcy does not have the absolute right to petition for review of an order of the referee allowing the claim of another claimant which merely affects the estate generally, the court did not err in the exercise of its power to review the order of the referee allowing this claim. Heiser v. Woodruff, 10 Cir., 150 F.2d 867. Though the evidence relating to the claim was extensive and presented issues of fact, the trial court did not make any formal findings of fact and conclusions of law. It was the duty of the court to make findings and conclusions, in compliance with Federal Rule of Civil Procedure 52(a), 28 U.S.C.A. following section 723c. Mayo v. Lakeland Highlands Canning Co., 309 U.S. 310, 60 S.Ct. 517, 84 L. Ed. 774; Kelley v. Everglades Drainage District, 319 U.S. 415, 63 S.Ct. 1141, 87 L.Ed. 1485. And where the issues cannot be decided satisfactorily on appeal without findings of fact by the trial court, the judgment may be vacated and the cause remanded in order that specific findings may be made. Mayo v. Lakeland Highlands Canning Co., supra; Kelley v. Everglades Drainage District, supra.

  8. In re G.E.C. Securities, Inc.

    223 F. Supp. 861 (S.D.N.Y. 1963)   Cited 8 times

    This is not enough to satisfy the statute. In re Deena Woolen Mills, 114 F. Supp. 260 (D. Maine 1953); In re Grossman, 225 F. 1020 (S.D.N.Y. 1915); 2 Collier on Bankruptcy ¶ 39.19 (14th Ed. 1962). However, even if they do not so qualify, the court has authority on its own motion to review orders in bankruptcy since a referee is considered an arm of the bankruptcy court. Heiser v. Woodruff, 150 F.2d 867 (10th Cir. 1945). It is within the court's discretion to add to the record evidence not heard by the Referee.

  9. In re Lindholm

    134 F. Supp. 301 (D.N.D. 1955)   Cited 2 times

    See Dunsdon v. Federal Land Bank of St. Paul, 8 Cir., 1943, 137 F.2d 84. The Referee is not a court but an officer or arm of the Court and has no independent judicial authority which lies beyond the range of review of the bankruptcy court. Heiser v. Woodruff, 10 Cir., 1945, 150 F.2d 867, certiorari denied 326 U.S. 778, 66 S.Ct. 271, 90 L.Ed. 471. The only limitation on the power to review the Referee's actions is the provision of General Order 47 (following 11 U.S.C.A. § 53) that 'the judge shall accept his findings of fact unless clearly erroneous.'

  10. People v. Cole Check Service, Inc.

    175 Cal.App.2d 777 (Cal. Ct. App. 1959)   Cited 3 times
    In People v. Cole Check Service, Inc., 175 Cal.App.2d 777, 780 [ 346 P.2d 838], the court said: "There appears to be some confusion in the authorities on this question [concerning title to a bankrupt's assets not administered in the bankruptcy].

    This position is not sound. [1] The general rule is that the jurisdiction of the bankruptcy court continues until the estate is closed. ( In re Pittsburgh Railways Co., 253 F.2d 654; Heiser v. Woodruff, 150 F.2d 867, cert. denied 326 U.S. 778 [66 S.Ct. 271, 90 L.Ed. 471].) The estate may be reopened, however, "for cause shown."