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Union Joint Stock Bank of Detroit v. Byerly, 310 U.S. 1 (1940)
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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.
Union Joint Stock Bank of Detroit v. Byerly, 310 U.S. 1 (1940)
Union Joint Stock Bank of Detroit v. Byerly No. 579 Argued March 6, 1940 Decided April 22, 1940 310 U.S. 1
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
l. Under § 75 of the Bankruptcy Act, prior to the amendment of August 28, 1935, an order of the bankruptcy court, made in a proceeding for composition and extension, and permitting a sheriff’s sale to be made, subject to confirmation, under a decree of foreclosure previously entered in a state court, was erroneous if not granted on petition and after hearing and report by the conciliation commissioner, but was not void, and could not be attacked collaterally in a state court. P. 7.
2. Jurisdiction of a state court in foreclosure, suspended by the institution of a proceeding under § 75 of the Bankruptcy Act, again attached upon dismissal of the bankruptcy case and empowered the state court to confirm a foreclosure sale previously made and to order a sheriff’s deed. P. 8.
3. Reinstatement under the Act of 1935, supra, of a proceeding under 75(s) previously dismissed, did not invalidate a sheriff’s sale and deed which were confirmed and authorized by a state court acting within its jurisdiction during the interval between the dismissal of the bankruptcy case and the motion to reinstate it. P. 8.
4. There is no occasion to refer a cause under § 75 of the Bankruptcy Act to a conciliation commissioner for the administration of property which, by reason of foreclosure proceedings already consummated in a state court, no longer belongs to the debtor. P. 10.
106 F.2d 576 reversed.
Certiorari, 309 U.S. 643, to review a judgment reversing the district court in bankruptcy which, in a proceeding under § 75(s), denied rehearing of an order of disclaimer and refused to refer the cause to a conciliation commissioner.
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Chicago: U.S. Supreme Court, "Syllabus," Union Joint Stock Bank of Detroit v. Byerly, 310 U.S. 1 (1940) in 310 U.S. 1 310 U.S. 2. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VFGX29RAAPVTWG7.
MLA: U.S. Supreme Court. "Syllabus." Union Joint Stock Bank of Detroit v. Byerly, 310 U.S. 1 (1940), in 310 U.S. 1, page 310 U.S. 2. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VFGX29RAAPVTWG7.
Harvard: U.S. Supreme Court, 'Syllabus' in Union Joint Stock Bank of Detroit v. Byerly, 310 U.S. 1 (1940). cited in 1940, 310 U.S. 1, pp.310 U.S. 2. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VFGX29RAAPVTWG7.
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