Castaner v. Mora
| Decision Date | 22 October 1954 |
| Docket Number | No. 4859.,4859. |
| Citation | 216 F.2d 189 |
| Parties | Joaquin CASTANER, Debtor, Appellant, v. Rafael MORA, Creditor, Appellee. |
| Court | U.S. Court of Appeals — First Circuit |
Jorge F. Romany, San Juan, Puerto Rico, for appellant.
Anibal Padilla, Ponce, Puerto Rico, for appellee.
Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.
This is an attempted appeal from an order of the district court entered April 30, 1954, setting aside an order of a referee in bankruptcy and remanding the case to the referee for further consistent proceedings.
AppellantJoaquin Castañer was adjudicated bankrupt on July 24, 1953.AppelleeRafael Mora is a secured creditor of the bankrupt, having a mortgage upon the bankrupt's coffee farm and the buildings thereon.The validity of the mortgage debt and of the mortgage securing it is not now in question.Located in one of the buildings is certain machinery intended for the washing and cleaning of the coffee, though never so used by the bankrupt.The referee ruled that the said machinery was not covered by the mortgage, and by order on April 1, 1954, directed that the machinery be sold separately at public sale for the benefit of the general creditors.
Upon petition for review of the referee's order, filed by the secured creditor, the district court ruled as a matter of local mortgage law that the machinery was embraced within the description and coverage of the mortgage; and therefore set aside the aforesaid order of the referee.
The effect of the district court's order in thus augmenting the coverage of...
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In re Goodwin's Discount Furniture, Inc.
...denied because the only persons aggrieved were the general creditors as represented by the trustee); see also Manda v. Sinclair, 278 F.2d 629 (5th Cir. 1960) certiorari denied 364 U.S. 908, 81 S.Ct. 271, 5 L.Ed.2d 224 (1960);
Castaner v. Mora, 216 F.2d 189 (1st Cir. 1954); In re Henry Wood Sons Co., 279 F. 608 (D.C.Mass., Here, the Debtor's liabilities exceeded its net assets by approximately $147,000.00 as of the date of filing of the Chapter 11 petition on January 5, 1981.... -
El San Juan Hotel, In re
...323 (5th Cir.1966); Hartman Corp. of America v. United States, 304 F.2d 429, 431 (8th Cir.1962); Skelton v. Clements, 408 F.2d 353 (9th Cir.), cert. denied, 394 U.S. 933, 89 S.Ct. 1202, 22 L.Ed.2d 462 (1969);
Castaner v. Mora, 216 F.2d 189 (1st Cir.1954).6 There are two exceptions to this general rule: 1) if a successful appeal by the debtor would create an estate that has assets in excess of liabilities, York Intern. Building, Inc. v. Chaney, 527 F.2d 1061 (9th... -
Wallace v. Lawrence Warehouse Company
...when he appealed, still had the rights of a trustee, and purported to be acting for his creditors. He lost that standing when he was adjudicated a bankrupt. At that point, only Lang had standing to prosecute the appeal. Cf.
Castaner v. Mora, 1 Cir., 1954, 216 F.2d 189. The abandonment of the appeal, therefore, did not transfer to Wallace the right of appeal; it left the judgment in effect. The abandoned equity must be held to be subject to the judgment, and thus to the rights of Lawrence... -
In Re National Discount Corporation
...justify an appeal by a party without such an interest. Missouri Pacific Railroad Co. v. Thompson, 8 Cir., 1943, 134 F.2d 139, 141; Matter of Western Pacific Railroad Co., 9 Cir., 1941, 122 F.2d 807. Thus, it was held in
Castaner v. Mora, 1 Cir., 1954, 216 F.2d 189, that a bankrupt was not aggrieved in a legal sense and had no appealable interest. * * * an appealable interest must not only be substantial but also direct; * * *." (Emphasis The same reasoning should...