CITIZENS NATIONAL BANK OF LUBBOCK
v.
SPEER ET AL.
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A bank seeking to intervene in a bankruptcy proceeding to vacate an adjudication must demonstrate it is a party in interest, meaning it is affected or aggrieved by the adjudication order.
Appellant bank sought to intervene in a bankruptcy proceeding to vacate an adjudication of bankruptcy. The bank's petition showed it was a preference …
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HOLMES, Circuit Judge.
This appeal is from an order of the court below denying the petition of appellant, the Citizens National Bank of Lubbock, to intervene in a pending bankruptcy proceeding wherein C. M. Henderson was adjudged a bankrupt. The purpose of the bank, if allowed to intervene, was to file a motion to vacate the adjudication of said Henderson as a bankrupt,' which had previously taken place. At the outset in this court, the appellee moved to dismiss the bank’s appeal, which motion will be denied and the bank’s request to intervene considered on its merits.
.The bank’s petition shows on its face that it is not a party in interest to said proceeding. If interested at all, it is only by virtue of being a preference creditor or transferee of the bankrupt, whose debt was paid or satisfied prior to the filing of the involuntary petition in bankruptcy. We think the court below committed no error in not allowing the bank to intervene.
To be an interested party, the appellant must be affected or aggrieved .by the order of adjudication. On the face of the record before us, such order does not affect it unless it m'ay be construed as adjudicating the bank to be a preference creditor 'or transferee, and it is not susceptible of any such construction. Manson v. Williams, 213 U.S. 453, 29 S.Ct. 519, 53 L.Ed. 869; Friend v. Talcott, 228 U.S. 27, 33 S.Ct. 505, 57 L.Ed. 718; Kinder v. Scharff, 231 U.S. 517, 34 S.Ct. 164, 58 L.Ed. 343; Gratiot County State Bank v. Johnson, 249 U.S. 246, 39.S.Ct. 263, 63 L.Ed. 587; Liberty National Bank of Roanoke v. Bear, 265 U.S. 365, 44 S.Ct. 499, 68 L.Ed. 1057; In re Snyder, 9 Cir., 4 F. 2d 627; J. S. & J. F. String v. Birkhahn, 3 Cir., 30 F. 2d 492; Rogers v. Bank of America Nat. Trust & Savings Ass’n, 9 Cir., 142 F. 2d 128, 129; Vol. 2, Collier on Bankruptcy, p. 110-114.
The judgment appealed from is affirmed.
Affirmed.
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Young Adults FOR Progressive Action, Inc. v. B & B Cash Grocery Stores, Inc., 151 So. 2d 877 (Fla. 2d DCA 1963)
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Citizens Nat'l Bank of Lubbock v. John E. Speer in Bankruptcy of C. M. Henderson Bankrupt, 220 F.2d 889 (5th Cir. 1955)
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Commercial Credit Corp. v. Skutt, 341 F.2d 177 (8th Cir. 1965)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gratiot Cnty. State Bank v. Johnson, 249 U.S. 246 (U.S. 1919)
- Friend v. Talcott, 228 U.S. 27 (U.S. 1913)
- Liberty Nat'l Bank of Roanoke v. Bear in Bankr. of the Ests. of W. L. Becker, SR., 265 U.S. 365 (U.S. 1924)
- Kinder v. Scharff, 231 U.S. 517 (U.S. 1913)
- Manson v. Williams in Bankr. of Hudson Clothing Co., 213 U.S. 453 (U.S. 1909)
- In re Snyder. McCOLGAN v. Clark, 4 F.2d 627 (9th Cir. 1925)
- Rogers v. Bank of Am. Nat. Tr. & Sav. Ass'n, 142 F.2d 128 (9th Cir. 1944)
- J. S. & J. F. String, Inc. v. Birkhahn, 30 F.2d 492 (3d Cir. 1929)