SCHWENKHOFF

v.

FARMERS MUTUAL AUTOMOBILE INSURANCE CO.

Citator

Cited By

• M. W. O'Rieley in Bankr. of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson Corp., 297 F.2d 1 (8th Cir. 1961)
  …he federal rules shall be followed in bankruptcy proceedings “as nearly as may be”. It has been held specifically that Rule 52(a) applies to bankruptcy proceedings. United States Machinery Movers v. Beller, 8 Cir., 1960, 280 F. 2d 91, 94, cert. den. 364 U.S. 903, 81 S.Ct. 236, 5 L.Ed.2d 195; In re Rockford Baseball Club, 7 Cir., 1953, 201 F. 2d 685, 686. But General Order in Bankruptcy 47 provides: “Unless otherwise directed in the order of reference the report of a referee or of a special master shall set…
• In re Gross v. Fid. & Deposit Co. OF Md., 302 F.2d 338 (8th Cir. 1962)
  …ules of Civil Procedure, 28 U.S.C.A. providing that “findings of fact shall not be set aside unless clearly erroneous * * * ” therefore applies to bankruptcy proceedings. United States Machinery Movers v. Beller, 8 Cir., 280 F. 2d 91, 94, cert. den. 364 U.S. 903, 81 S.Ct. 236, 5 L.Ed.2d 195; O’Rieley v. Endicott-Johnson Corporation, supra, 297 F. 2d at p. 4. In this jurisdiction it is firmly settled that where, as here, the issue stems from a general reference, the “clearly erroneous” standard is to be app…
• The Farmers Bank OF Clinton v. Vance Julian in Bankruptcy of Roby C. Woody, 383 F.2d 314 (8th Cir. 1967)
  …l be followed in bankruptcy proceedings “as nearly as may be.” and states at p. 4: “It has been held specifically that Rule 52(a) applies to bankruptcy proceedings. United States Machinery Movers v. Beller, 8 Cir. 1960, 280 F. 2d 91, 94, cert. den. 364 U.S. 903, 81 S.Ct. 236, 5 L.Ed. 2d 195; In re Rockford Baseball Club, 7 Cir., 1953, 201 F. 2d 685, 686.” . “§ 108. Set-offs and counterclaims. “a. In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account sh…