Beecher

Beecher v. Federal Land Bank

Bad Law
153 F.2d 987·1945 U.S. App. LEXIS 3182
United States Court of Appeals for the Ninth CircuitAugust 3, 1945No. 10789California703 words

Opinion

Lead Opinion

This appeal was considered in connection with appeal No. 10391, 9 Cir., 153 F.2d 982 , in which we this day held that appellant debtor was entitled to (a) an order staying proceedings against him or any of his property for a period of three years, and (b) the rent paying possession of the property provided in section 75, sub. s(2), of the Bankruptcy Act, 11 U.S. C.A. § 203, sub. s(2), and (c) that such possession of his property as the appellant has had prior to his rent paying tenancy under 75, sub. s (2), is that of a trustee for the creditors under the supervision and control of the court.

The district court was dissatisfied with appellant’s administration of the property *988 and ordered appointed first a temporary and later a permanent receiver. Appellant appeals from these orders and from the order confirming the first report of the receiver. The ground of the appeals is not that a receiver was not needed or beneficial' to the estate but that the district court is without power to appoint one under any circumstances. , . , ■,

We agree with the holding in In re Armold, 7 Cir., 83 F.2d 530 , stated at page 531, that “appellant erroneously assumes that the court had no power…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.