Emil v. Hanley, 318 U.S. 515 (1943)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 318 U.S. 448, click here.

Emil v. Hanley

No. 551

Argued February 12, 1943
Decided March 15, 1943
318 U.S. 515

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Section 2(a) (21) of the Bankruptcy Act, which gives to the bankruptcy court the power to require "receivers or trustees appointed in proceedings not under this Act" within four months of bankruptcy (1) "to deliver the property in their possession or under their control to the receiver or trustee appointed under this Act," and (2) "to account to the court for the disposition by them of the property" of the bankrupt, held inapplicable in straight bankruptcy proceedings to a receiver appointed by a state court (within four months of bankruptcy) as an incident to enforcement of a valid mortgage lien. P. 519.

2. Section 69(d) of the Bankruptcy Act, making a "receiver or trustee, not appointed under this Act, of any of the property" of the bankrupt "accountable" to the bankruptcy court for "any action taken by him subsequent to the filing of such bankruptcy petition," applies only where bankruptcy supersedes the prior proceedings. P. 522.

130 F.2d 369 affirmed.

Certiorari, 317 U.S. 621, to review the affirmance of an order of the bankruptcy court, 43 F.Supp. 128, denying an application for an order requiring a state court receiver to file his account in the bankruptcy court.