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Borchard v. California Bank, 310 U.S. 311 (1940)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Borchard v. California Bank, 310 U.S. 311 (1940)
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Borchard v. California Bank No. 752 Argued April 30, 1940 Decided May 20, 1940 310 U.S. 311
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
In a proceeding under § 75(s) of the Bankruptcy Act, the debtors petitioned the conciliation commissioner for an appraisal and the setting aside of the property to them (no action having been taken upon a previous petition); appraisers were appointed and made report to the commissioner of the value of the property, but no stay order fixing terms on which the debtors would remain in possession had been entered. Held, the action of the District Court at that stage, in granting leave to a creditor to sell the property under deeds of trust was contrary to the provisions of § 75(s). P. 316.
107 F.2d 96 reversed.
Certiorari, 309 U.S. 648, to review the affirmance of an order of the District Court, in a proceeding under § 75(5) of the Bankruptcy Act, authorizing the sale of the debtors’ property under deeds of trust.
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Chicago:
U.S. Supreme Court, "Syllabus," Borchard v. California Bank, 310 U.S. 311 (1940) in 310 U.S. 311 310 U.S. 312. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=EETX775G78K78KC.
MLA:
U.S. Supreme Court. "Syllabus." Borchard v. California Bank, 310 U.S. 311 (1940), in 310 U.S. 311, page 310 U.S. 312. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=EETX775G78K78KC.
Harvard:
U.S. Supreme Court, 'Syllabus' in Borchard v. California Bank, 310 U.S. 311 (1940). cited in 1940, 310 U.S. 311, pp.310 U.S. 312. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=EETX775G78K78KC.
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