Cline v. Kaplan, 323 U.S. 97 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cline v. Kaplan, 323 U.S. 97 (1944)
Cline v. Kaplan No. 307 Submitted November 13, 1944 Decided December 4, 1944 323 U.S. 97
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. Where a bona fide claim adverse to that of the bankrupt estate is asserted as to property which is not in the actual or constructive possession of the bankruptcy court, the claimant has the right to have the merits of his claim adjudicated in a plenary suit. P. 98.
2. The bankruptcy court has the power and the duty to examine the adverse claim to ascertain whether it is ingenuous and substantial. P. 99.
3. When it is established that the adverse claim is substantial, the bankruptcy court cannot retain jurisdiction unless the claimant consents to its adjudication by that court. P. 99.
4. Consent to adjudication by the bankruptcy court of an adverse claim is lacking where the claimant has throughout resisted a petition for a turnover order and has made formal objection to the exercise of summary jurisdiction before the entry of a final order. Louisville Trust Co. v. Comingor, 184 U.S. 18. P. 99.
5. Upon the facts of this case, held that a claimant adverse to the bankrupt estate, as to property which was not in the actual or constructive possession of the bankruptcy court, did not consent to adjudication of the claim by the bankruptcy court. P. 100.
142 F.2d 301 affirmed.
Certiorari, post, p. 691, to review a judgment which, reversing orders of the bankruptcy court, sustained the referee’s dismissal, for lack of jurisdiction, of a petition for a turnover order.
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Chicago: U.S. Supreme Court, "Syllabus," Cline v. Kaplan, 323 U.S. 97 (1944) in 323 U.S. 97 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=13GDSFFIPAZC2TH.
MLA: U.S. Supreme Court. "Syllabus." Cline v. Kaplan, 323 U.S. 97 (1944), in 323 U.S. 97, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=13GDSFFIPAZC2TH.
Harvard: U.S. Supreme Court, 'Syllabus' in Cline v. Kaplan, 323 U.S. 97 (1944). cited in 1944, 323 U.S. 97. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=13GDSFFIPAZC2TH.
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