Kirk

Kirk v. Kirk

Good Law
1966 Cal. App. LEXIS 1853·243 Cal. App. 2d 580·52 Cal. Rptr. 725·18 A.F.T.R.2d (RIA) 5417
Court of Appeal of CaliforniaJuly 22, 1966Civ. No. 7660California880 words

Opinion

Lead Opinion

Brown, J.

Respondent Charles R. Loveland was appointed by the superior court in August 1961 as receiver for the insolvent Kirk interests. He filed a receiver’s cash bond of $10,000. During the receivership the United States of America and State of California Department of Employment filed with that court proof of claims against the insolvent and the receiver amounting to about $53,000 for taxes and unemployment insurance contributions.

In July 1963 the receiver filed his “accounting and report and application by receiver for confirmation of accounts and discharge”; it showed that during the receivership the trust property produced receipts of approximately $153,000, and that the total disbursements exceeded this amount by approximately $25,000. At the hearing pursuant to the receiver’s accounting and application for discharge, the appellants, United States (District Collector of Internal Revenue) and the State of California (Department of Employment and State Board of Equalization), objected to this accounting and *582 report. The superior court considered the objections and, after a continuance, approved the accounting and report, discharged the receiver, exonerated the bond, and ordered…

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