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Katchen Vs. Landy
Cites for this judgment
- US Supreme Court
- Jan 17, 1966
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U.S. 323 (1966) U.S. Supreme Court Katchen v. LandySearch
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U.S. 323 (1966) Katchen v. LandySearch
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in bankruptcy proceedings, triable in equity. Pp. 382 U. S. 336 -337. (i) The doctrine of Beacon Theatres v. WestoverSearch
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U. S. 500 , and Dairy Queen v. WoodSearch
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Brief any citation in this list with AI Studio
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the referee. A divided Court of Appeals, sitting en banc, after reconsidering Inter-State National Bank of Kansas City v. LutherSearch
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These courts are essentially courts of equity, Local Loan Co. v. HuntSearch
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Thompson v. MagnoliaSearch
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Taubel-Scott-Kitzmiller Co. v. FoxSearch
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United States Fidelity & Guaranty Co. v. BraySearch
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ed.), See Taubel-Scott- Page 382 U. S. 328 Kitzmiller Co. v. FoxSearch
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and, in a plenary action in the federal courts, the creditor could demand a jury trial, Schoenthal v. IrvingSearch
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Buffum v. PeterSearch
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Act as a whole, as well as the particular provisions of the Act brought in question. Taubel-Scott-Kitzmiller Co. v. FoxSearch
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is one of the means chosen by Congress to effectuate that purpose, Bailey v. GloverSearch
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Wall. 342, 88 U. S. 346 . See generally Wiswall v. CampbellSearch
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Gardner v. NewSearch
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and not by the slower and more expensive processes of a plenary suit. United States Fidelity & Guaranty Co. v. BraySearch
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had jurisdiction to determine whether a preference has been received and to order return of the dividend. Pirie v. ChicagoSearch
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Conrad, Rubin & Lesser v. PenderSearch
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g) on allowance of the claim. Schwartz v. LevineSearch
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res judicata and collateral estoppel apply to the decisions of bankruptcy courts. Chicot County Drainage District v. BaxterSearch
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a creditor who offers a proof of claim and demands its allowance is bound by what is judicially determined, Wiswall v. CampbellSearch
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and if his claim is rejected, its validity may not be relitigated in another proceeding on the claim. Sampsell v. ImperialSearch
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to recover the preference. Schwartz v. LevineSearch
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Giffin v. VoughtSearch
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Ullman, Stern & Krausse v. CoppardSearch
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Breit v. MooreSearch
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Johnson v. WilsonSearch
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see In re J. R. Palmenberg Sons, 76 F.2d 935 (C.A.2d Cir. 1935), aff'd sub nom. Bronx Brass Foundry, Inc. v. IrvingSearch
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of attorney's fee would be res judicata in suit to recover the excess), with Conrad, Rubin & Lesser v. PenderSearch
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U. S. 472 (upholding turnover order). What we said in Alexander v. HillmanSearch
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if he presented no claim in the bankruptcy proceeding and awaited a federal plenary action by the trustee, Schoenthal v. IrvingSearch
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converts the creditor's legal claim into an equitable claim to a pro rata share of the res. Gardner v. NewSearch
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nor allowed until the creditor disgorges the alleged voidable preference he has already received. See Alexander v. HillmanSearch
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to adjudicate controversies relating to property over which they have actual or constructive possession, Thompson v. MagnoliaSearch
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and as the proceedings of bankruptcy courts are inherently proceedings in equity, Local Loan Co. v. HuntSearch
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U.S. Supreme Court Katchen v. LandySearch
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of Beacon Theatres v. WestoverSearch
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and Dairy Queen v. WoodSearch
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