John Hancock Mut. Life Ins. Co. v. Casey

14 Citing cases

  1. John Hancock Mut. Life Ins. Co. v. Casey

    155 F.2d 229 (1st Cir. 1946)   Cited 5 times

    The present appeal is the tenth taken by John Hancock, the mortgagee, on one or another phase of the above reorganization proceeding and condemnation proceeding. The earlier appeals are found in John Hancock Mutual Life Ins. Co. v. Casey, 1 Cir., 1943, 134 F.2d 162, certiorari denied 1943, 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709; Id. (2 cases), 1 Cir., 1943, 139 F.2d 207; Id.

  2. In re Colonial Realty Investment Co.

    516 F.2d 154 (1st Cir. 1975)   Cited 54 times

    The explicit language of section 507 affording the debtor or court appointed trustee the right to immediate possession of ". . . all property of the debtor in the possession of . . . a mortgagee under a mortgage" must be read to mean what it says, for it is an integral part of the machinery constructed by Congress in Chapter XII. In re Franklin Garden Apartments, 124 F.2d 451, 454 (2d Cir. 1941); John Hancock Mut. Life Ins. Co. v. Casey, 134 F.2d 162, 163 (1st Cir.), cert. denied, 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709 (1944); Reconstruction Finance Corp. v. Kaplan, 185 F.2d 791, 793-95 (1st Cir. 1950). We are unaware of any Chapter X precedent to the contrary, although there is disagreement regarding the findings required prior to the entry of a turnover order.

  3. Flournoy v. City Finance of Columbus, Inc.

    679 F.2d 821 (11th Cir. 1982)   Cited 10 times
    Holding that secured creditor that repossessed an automobile without legal process as permitted by state statute was not a custodian as that term is applied under 11 U.S.C. § 543

    Moreover, cases ordering a turnover by creditors under section 257 foreshadow the concerns addressed in the general turnover provisions in section 542 of the Bankruptcy Act of 1978. E.g., In re Georgetown on Delaware, Inc., 466 F.2d 80 (3d Cir. 1972); Central R.R. Co. v. Manufacturers Hanover Trust Co., 421 F.2d 604 (3d Cir.), cert. denied, 398 U.S. 949, 90 S.Ct. 1867, 26 L.Ed.2d 289 (1970); In re Third Avenue Transit Corp., 198 F.2d 703 (2d Cir. 1952); ReconstructionFinance Corp. v. Kaplan, 185 F.2d 791 (1st Cir. 1950); John Hancock Mutual Life Insurance Co. v. Casey, 134 F.2d 162 (1st Cir.), cert. denied, 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709 (1943); In re Franklin Garden Apartments, Inc., 124 F.2d 451 (2d Cir. 1941). Section 257 referred to corporate reorganizations under Chapter X of the Bankruptcy Act.

  4. United States v. Whiting Pools, Inc.

    674 F.2d 144 (2d Cir. 1982)   Cited 62 times
    In Whiting Pools, the IRS levied upon the defendant's tangible property for unpaid withholding and social security taxes, totalling $92,000.

    The First Circuit's conclusion in RFC v. Kaplan, supra, was also reached in a number of other cases, some preceding and others following it. See Grand Boulevard Investment Co. v. Strauss, 78 F.2d 180 (8 Cir. 1935) (under § 77B); In re Prudence-Bonds Corp., 77 F.2d 328 (2 Cir.) (under § 77B), cert. denied, 296 U.S. 584, 56 S.Ct. 95, 80 L.Ed. 413 (1935); John Hancock Mutual Life Insurance Co. v. Casey, 134 F.2d 162 (1 Cir.) (per curiam), cert. denied, 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709 (1943); In re Franklin Garden Apartments, Inc., 124 F.2d 451 (2 Cir. 1941); In re Third Avenue Transit Co., 198 F.2d 703, 706 (2 Cir. 1952) (affirming bankruptcy court's authority to order turnover, but refusing to exercise discretion to do so). See also 6A Collier ¶ 14.03, at 741 (14th ed. 1977).

  5. In re Federal Shopping Way, Inc.

    457 F.2d 176 (9th Cir. 1972)   Cited 10 times
    Holding that per-1969 rent assignments were invalid as against trustee's claim to collect rents

    § 257 of the Bankruptcy Act [11 U.S.C. § 657] provides, among other things, that the Trustee has a right to immediate possession of all property of the debtor in possession of a trustee under a trust deed or a mortgagee under a mortgage. The First Circuit, in John Hancock Mutual Life Ins. Co. v. Casey, 134 F.2d 162 (1st Cir. 1943), in affirming the district court's order directing that rent collected by mortgagee should be turned over to the Trustee said: ". . . [W]e have no doubt that the district court has such power . . . the property was in custodia legis as of the date of the filing of the petition." [Emphasis supplied.

  6. First Nat. Bank in Houston, Texas v. Lake

    199 F.2d 524 (4th Cir. 1952)   Cited 24 times

    This result was reached in Grand Boulevard Inv. Co. v. Strauss, 8 Cir., 1935, 78 F.2d 180, under the broad grant of jurisdiction in § 77B, without the aid of any specific provision such as is now found in the second sentence of § 257 of Chapter X." (Italics supplied.) See also In re Franklin Garden Apartments, 2 Cir., 124 F.2d 451, 454; John Hancock Mutual Life Ins. Co. v. Casey, 1 Cir., 134 F.2d 162, 163, for the power of the reorganization court over mortgaged property. It is true that the case of mortgaged property is expressly covered by § 257 of the act, 11 U.S.C.A. § 657, which was necessary because, under the laws, of a number of states, title to mortgaged property is vested in the mortgagee. The inclusion of such a provision makes clear, however, the intention of Congress that the reorganization court shall exercise summary jurisdiction over all property in which the debtor has an interest including that which has been transferred as security for indebtedness.

  7. John Hancock Mut. Life Ins. Co. v. Casey

    149 F.2d 484 (1st Cir. 1945)   Cited 1 times

    The present appeal is from an order in reorganization proceedings under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., denying a motion by appellant to dissolve an injunction enjoining appellant from exercising a power of sale under its first mortgage on property owned by the debtor, Carlton Hotel, Inc. The injunction was originally upheld by this court in John Hancock Mut. Life Ins. Co. v. Casey, 1 Cir., 1943, 134 F.2d 162, certiorari denied 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709. In John Hancock Mut. Life Ins. Co. v. Casey, 1 Cir., 1943, 139 F.2d 207, we affirmed an order of the district court denying an earlier motion by appellant to dissolve the injunction.

  8. John Hancock Mut. Life Ins. Co. v. Casey

    147 F.2d 762 (1st Cir. 1945)   Cited 4 times
    In John Hancock Mutual Life Ins. Co. v. Casey, supra, 147 F.2d at page 766, the court stated that "This Act of August 1, 1888, 40 U.S.C.A. §§ 257, 258, requires only that in condemnation proceedings the federal court shall adopt the forms and methods of procedure afforded by the law of the state but does not invoke the state law on any `questions of substantive right — such as the measure of compensation — grounded upon the Constitution of the United States.'"

    The two pending appeals are the sixth and seventh appeals to this court taken by John Hancock, the mortgagee, on one or another phase of the above reorganization and condemnation proceedings. The earlier appeals are found in John Hancock Mutual Life Ins. Co. v. Casey, 1 Cir., 1943, 134 F.2d 162, certiorari denied 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709; Id., 1 Cir., 1943, 139 F.2d 207; Id.

  9. John Hancock Mut. Life Ins. Co. v. Thompson

    147 F.2d 761 (1st Cir. 1944)   Cited 6 times

    There have already been four appeals to this court by the present appellant, the mortgagee, on one or another phase of the above reorganization and condemnation proceedings. John Hancock Mutual Life Insurance Co. v. Casey, 1 Cir., 1943, 134 F.2d 162, certiorari denied 319 U.S. 757, 63 S.Ct. 1176, 87 L.Ed. 1709; John Hancock Mutual Life Insurance Co. v. Casey, 1 Cir., 1943, 139 F.2d 207 (two cases); John Hancock Mutual Life Insurance Co. v. Casey, 1 Cir., 1944, 141 F.2d 104, certiorari denied 65 S.Ct. 39. Reference to the opinions in these cases will give a fuller background of the litigation. On August 24, 1943, the United States filed an amendment to its declaration of taking in the condemnation proceedings, correcting the estate to be acquired so as to read as follows: "The estate taken for said public uses is a term for years ending June 30, 1944, extendable for yearly periods thereafter during the existing national emergency at the election of the United States, notice of which election shall be filed in this proceeding at least sixty days prior to the end of the term taken or subsequent extensions thereof, * * *" At the same time, the United States deposited in the registry of the court the further sum of $40,000 as the es

  10. John Hancock Mut. Life Ins. Co. v. Casey

    141 F.2d 104 (1st Cir. 1944)   Cited 9 times

    PER CURIAM. This is the third appeal arising out of a proceeding pending in the court below for reorganization of the debtor, Carlton Hotel, Inc. For the factual background, which need not be set out again, see opinion on the first appeal, 1943, 134 F.2d 162, and opinion on the second appeal, decided November 29, 1943, together with opinion on petition for rehearing thereof, decided December 24, 1943, both of which are found in 139 F.2d 207. On August 5, 1942, the debtor filed in the court below its petition for reorganization pursuant to § 128 of chapter X of the Bankruptcy Act, 52 Stat. 886, 11 U.S.C.A. § 528.