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U.S. Court of Appeals for the Sixth Circuit, 1958

In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist

In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist
U.S. Court of Appeals for the Sixth Circuit · Decided December 11, 1958 · Martin, Miller, Gourley
262 F.2d 107; 1958 U.S. App. LEXIS 4856 (Federal Reporter, Second Series)

In the Matter of Wm. J. Braun Build Ers, Inc., Bankrupt. Theodore R. Spilka, Trustee v. Joseph F. Rist

Opinion

PER CURIAM.

In this bankruptcy proceeding the legal questions are:

Can a secured creditor act as one of the petitioning creditors in an involuntary proceeding, and

If he so acts, what part of the secured claim is lost?

The Referee and District Court answered a secured creditor may so act, and in so doing waives only $500 of his secured claim.

*108 With this conclusion we agree. No useful purpose can be gained by restating what has been so ably written by the most experienced and learned Referee in Bankruptcy as confirmed by Chief District Judge Paul Jones.

It is ordered that the judgment of the District Court be affirmed, for the reasons stated by Referee Friebolin in his opinion on Certificate of Review.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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