GEORGE PAPUCHIS ET AL., APPELLANTS,
v.
HONORABLE JOHN A. BRESNAHAN, REFEREE IN BANKRUPTCY ET AL., APPELLEES
GEORGE PAPUCHIS ET AL., APPELLANTS,
HONORABLE JOHN A. BRESNAHAN, REFEREE IN BANKRUPTCY ET AL., APPELLEES
393 F.2d 359
United States Court of Appeals for the District of Columbia (1968)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM:
Appellants, creditors and stockholders of the J & P Distributors, Inc., contend that the Referee in Bankruptcy and the District Court incorrectly denied their motion to intervene in opposition to the bankruptcy proceedings against the above-named corporation. We think appellants have no right to intervene as creditors opposing the petition in bankruptcy. See In re Carden, 118 F. 2d 677, 679 (2d Cir.), cert. denied McClave & Co. v. Carden, 314 U.S. 647, 62 S.Ct. 91, 86 L.Ed. 519 (1941).
They might have a right to intervene as stockholders if there were substantial grounds .to believe that the J & P Corporation would not adequately contest the bankrupcty proceedings. See Klein v. Nu-Way Shoe Co., 136 F. 2d 986, 989 (2d Cir. 1943).
But since appellants’ motion to intervene made no such allegation against the corporation, we do not face that issue.
Accordingly, we affirm.
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Salas v. State, 246 So. 2d 621 (Fla. 3d DCA 1971)
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Gramenos v. Jewel Cos., Inc., 797 F.2d 432 (7th Cir. 1986)
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United States v. Flavio Humberto Trabucco, 424 F.2d 1311 (5th Cir. 1970)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Klein v. Nu-Way Shoe Co., Inc., 136 F.2d 986 (2d Cir. 1943)
- Hunteman v. New Orleans Pub. Serv., Inc., 314 U.S. 647 (U.S. 1941)
- McClave & Co. v. Carden, 314 U.S. 647 (U.S. 1941)
- In re Carden, 118 F.2d 677 (2d Cir. 1941)