Platt v. Schmitt

6 Citing cases

  1. Kimm v. Cox

    130 F.2d 721 (8th Cir. 1942)   Cited 18 times

    Finding of a referee on conflicting evidence adopted by the trial court will not be disturbed "unless manifestly erroneous." Platt v. Schmitt, 87 F.2d 437, 440, this Court, and see Rule 52(a) Rules of Civil Procedure, 28 U.S.C.A. following section 723c. "The court may, in its discretion, withhold all compensation from any * * * trustee, attorney * * * who has been removed from office or dismissed because of the unlawful sharing of fees or for any other cause." Title 11 U.S.C.A. § 76, sub. e.

  2. Milwaukee Postal Bldg. Corporation v. McCann

    95 F.2d 948 (8th Cir. 1938)   Cited 17 times

    This being true, it is clear that it would be not only a legal fraud upon creditors, but without the intendment of this section to construe as within the section a corporation formed to and taking over the property of an individual debtor for the purpose of utilizing the section. Shapiro v. Wilgus, 287 U.S. 348, 53 S.Ct. 142, 77 L.Ed. 355, 85 A.L.R. 128; Platt v. Schmitt, 8 Cir., 87 F.2d 437, 440; In re Collins, 8 Cir., 75 F.2d 62; In re North Kenmore Building Corp., 7 Cir., 81 F.2d 656, and see In re Philadelphia Rapid Transit Co., D.C.Pa., 8 F. Supp. 51, approved in Wilson v. Philadelphia Rapid Transit Co., 3 Cir., 73 F.2d 1022, contra, In re Loeb Apartments, 7 Cir., 89 F.2d 461. In the Platt Case, supra, Judge Woodrough, for this court, said: "There is a duty in the courts to see that provisions of the act are not abused and that its privileges are extended only to those who are within the contemplation of the act."

  3. In re Bicknell

    48 F. Supp. 895 (D. Neb. 1943)   Cited 1 times

    Courts of bankruptcy have not hesitated to examine into incidental, but relevant, matters of this character in the course of their inquiry as to their jurisdiction over allegedly administrable assets; and particularly has that been true in proceedings for the adjustment and composition of debts. In re Collins, 8 Cir., 75 F.2d 62; In re Fullagar, D.C., 8 F.Supp. 602; Platt v. Schmitt, 8 Cir., 87 F.2d 437; Collins v. Federal Land Bank, 8 Cir., 119 F.2d 228.          Both by the cited statutes and under the applicable decisions it seems clear that the conveyances denounced by the law are not void in all circumstances and for every purpose.

  4. Equitable Life Assur. Soc. of U.S. v. Carmody

    131 F.2d 318 (8th Cir. 1942)   Cited 15 times

    The evidence in the record is substantial and conflicting, on the part of witnesses generally qualified to testify as to the facts of the various value elements involved, and, in such a situation, where the question fundamentally is one of credibility, weight and judgment, the Conciliation Commissioner's finding as to value, in a proceeding of this nature, should ordinarily be accepted as controlling. Rasmussen v. Gresly, 8 Cir., 77 F.2d 252, 254. Especially is this true, so far as an appellate court is concerned, where the finding has been approved and confirmed by the District Court on review. Fish v. East, 10 Cir., 114 F.2d 177; Platt v. Schmitt, 8 Cir., 87 F.2d 437; Ricketts v. Waller, 8 Cir., 81 F.2d 977. Appellant attempts to argue that the District Judge failed to discharge the responsibility resting upon him in connection with the review, in approving and confirming the finding of the Conciliation Commissioner, since he indicated that he thought the farm probably was worth from $125 to $135 an acre.

  5. In re Victory Const. Co., Inc.

    9 B.R. 549 (B.A.P. 9th Cir. 1981)

    The purpose and spirit of the Act utilized by those within its contemplation:         Platt v. Schmitt, 87 F.2d 437 (8th Cir. 1937).         h.

  6. In re Victory Const. Co., Inc.

    9 B.R. 549 (Bankr. C.D. Cal. 1981)   Cited 176 times
    Reviewing the historical development of the bad faith doctrine in rehabilitation and reorganization proceedings

    g. The purpose and spirit of the Act utilized by those within its contemplation: Platt v. Schmitt, 87 F.2d 437 (8th Cir. 1937). h. Deliberate attempt to mislead the court for purpose of delay: