153 F.2d 987 (9th Cir. 1945), 10789, Beecher v. Federal Land Bank of Spokane, Washington
Citation | 153 F.2d 987 |
Date | 03 August 1945 |
Docket Number | 10789. |
Parties | BEECHER v. FEDERAL LAND BANK OF SPOKANE, WASH., et al. |
Court | U.S. Court of Appeals — Ninth Circuit |
Page 987
S. P. Beecher, of Peshastin, Wash., in pro. per., for appellant.
Henry R. Newton, of Spokane, Wash., for appellee Federal Land Bank of Spokane.
C. D. Randall, of Spokane, Wash., and Herman Howe, of Seattle, Wash., for appellee Leavenworth State Bank.
Before DENMAN, STEPHENS, and HEALY, Circuit Judges.
PER CURIAM.
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
Page 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 to appoint a receiver under amended section 75. Under this section the power of the court over the bankrupt's property is almost unlimited in preserving and protecting it for the best interests of both the debtor and the creditors. See subsections e, n, p and s, Sec. 75, as amended, 11 U.S.C.A. § 203 (subs.) e, n, p, s. Grave duties and responsibilities are thereby laid upon the court, and we See nothing in the law to prevent it from performing those duties and meeting those responsibilities with the aid of receivers, custodians or any other officers of the court, whenever occasion demands it. It would be a physical impossibility for a judge of the court personally to attend to all such duties, and we know of no enactment of Congress which indicates such...
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