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Gardner Vs. New Jersey
Cites for this judgment
- US Supreme Court
- Jan 20, 1947
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Gardner v. NewSearch
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Jersey - 329 U.S. 565 (1947) U.S. Supreme Court Gardner v. NewSearch
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Jersey, 329 U.S. 565 (1947) Gardner v. NewSearch
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is constitutional. New York v. IrvinSearch
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the railroad's property underlying the assessments or the validity of the assessments. Arkansas Corporation Commission v. ThompsonSearch
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of the 1941 and 1942 acts. The result was a holding that the acts violated the New Jersey constitution. Wilentz v. HendricksonSearch
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to a paramount lien on all the lands, tangible property, and franchises of the debtor. Shortly after Wilentz v. HendricksonSearch
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validity and amount of the tax claims and their lien, subject to the limitations of Arkansas Corporation Commission v. ThompsonSearch
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of Appeals treated the appeal as if all of the questions presented were covered by Arkansas Corporation Commission v. ThompsonSearch
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method of collecting a debt. A proof of claim is, of course, prima facie evidence of its validity. Whitney v. DresserSearch
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court by offering a proof of claim and demanding its allowance must abide the consequences of that procedure. Wiswall v. CampbellSearch
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the fund, it waives any immunity which it otherwise might have had respecting the adjudication of the claim. See Clark v. BarnardSearch
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Gunter v. AtlanticSearch
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The extent of the constitutional authority of the bankruptcy court in this respect was passed upon in New York v. IrvingSearch
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of New Jersey law made by a federal judge of the New Jersey District Court is entitled to special weight. Steele v. GeneralSearch
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so vigorously asserts. For it appears that the time for filing claims has expired, and, under the rule of New York v. IrvingSearch
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the bankruptcy court to ascertain their validity and extent and to determine the method of their liquidation. Whitney v. WenmanSearch
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Isaacs v. HobbsSearch
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U. S. 318 , 283 U. S. 321 . Moreover, both in receivership cases, New York v. MaclaySearch
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United States v. TexasSearch
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U. S. 480 , and in bankruptcy cases, Van Huffel v. HarkelrodeSearch
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New York v. IrvingSearch
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cases, the task of resolving disputes as to liens is a common one for the court. See Institutional Investors v. ChicagoSearch
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affect the power of the Interstate Commerce Commission and the court to promulgate a reorganization plan. See Ecker v. WesternSearch
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Smith v. HobokenSearch
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Thompson v. TexasSearch
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safeguards the interests of the various claimants, but is also compatible with the public interest. Continental Bank v. ChicagoSearch
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of Congress to grant the bankruptcy court power to deal with the lien of a State has been settled. In Van Huffel v. HarkelrodeSearch
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Third. We held in Arkansas Corporation Commission v. ThompsonSearch
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for any year, are the state agencies and courts, and, under special circumstances, the federal courts. Hillsborough v. CromwellSearch
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the valuations which underlie assessments. 152 F.2d pp. 411-414. By the standards of Arkansas Corporation Commission v. ThompsonSearch
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the reorganization proceedings would not be appropriate. Fourth. The rule of Arkansas Corporation Commission v. ThompsonSearch
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it was sufficiently perfected prior to the petition for reorganization as to be good against other liens, cf. New York v. MaclaySearch
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whether, if it were inchoate at that time, it could be perfected subsequent to the petition, Lyford v. NewSearch
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U. S. 580 to administration expenses or other claims under wither the general bankruptcy rule, City of New York v. HallSearch
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See Warren v. PalmerSearch
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realty or covers personal property or revenues as well -- are also questions for the reorganization court. See Ecker v. WesternSearch
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amount of a tax claim secured by a lien without crossing the forbidden line marked by Arkansas Corporation Commission v. ThompsonSearch
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U. S. 493 , and what are not, Meilink v. UnemploymentSearch
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the liability of the estate for penalties incurred by the trustee in the operation of the business, Boteler v. IngelsSearch
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what interest, if any, accrues after the petition for reorganization has been filed, Vanston Committee v. GreenSearch
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