Doyle v. Ponsford
| Decision Date | 21 June 1943 |
| Docket Number | No. 12486.,12486. |
| Citation | 136 F.2d 401 |
| Parties | DOYLE v. PONSFORD. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Bryan W. Place, of Minneapolis, Minn. (John T. Rohwedder, of Minneapolis, Minn., on the brief), for appellant.
W. C. Preus, of Minneapolis, Minn. (M. C. Tifft, of Minneapolis, Minn., on the brief), for appellee.
Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.
On appeal of Kate C. Doyle from an order in bankruptcy vacating an ex parte order previously obtained by her reopening the bankrupt estate.
The appellant is the purchaser and assignee of allowed unsatisfied claims against the estate of James J. Ponsford, bankrupt. The voluntary bankruptcy was commenced August 6, 1935, and discharge in bankruptcy was granted June 8, 1936. In December, 1941, appellant and her husband, who was also the owner of allowed unsatisfied claims against the estate, presented verified petitions alleging that a certain described section of land in Alberta, Canada, belonged to the bankrupt at the time of bankruptcy and was still owned by him but had been conveyed by him in fraud of creditors to his minor daughter and concealed and withheld from administration, and praying that the bankruptcy be reopened. On consideration of the petitions the court entered its order ex parte that the estate be reopened and referred to the acting referee in bankruptcy.
On June 20, 1942, the bankrupt filed petion alleging that he had filed a true and accurate schedule of all his assets at the commencement of his bankruptcy and then had no other assets of any kind than those that were listed in his schedule and that the described Canada land was not at that time and had not been since 1929 a part of his estate; that a full hearing on the status of said land had been had before the bankruptcy court when said proceeding was pending in said court. He prayed an order vacating and setting aside the order of reopening which had been granted ex parte. On consideration of the bankrupt's petition, the court ordered Kate C. Doyle to show cause why the court should not make an order vacating the order reopening the estate previously entered ex parte, and ordered the matter to be referred to the acting referee in bankruptcy to give notice and to take the testimony, make findings and conclusions, and to report to the court.
The parties accordingly appeared before the referee and voluminous testimony was taken. The scope of the inquiry was clearly defined. The allegation stood in the bankrupt's petition that at the date of adjudication he had no other assets of any kind than those that were listed in his schedule and the inquiry was directed not only to the section of Canada land described in the petition to reopen, but to other properties in which concealment of unadministered interest was suspected. The referee received all the testimony, oral and documentary, that was offered, and accorded the parties a full and fair hearing, and having taken the matter under advisement following the arguments, he reported his findings of fact and conclusions in bankrupt's favor to the court together with his recommendation that the reopening order which had been granted ex parte be vacated and set aside.
Upon the coming in of the report the bankrupt filed his petition stating that the matters referred by the court to the referee had been heard and reported upon by the referee and praying that time and place be fixed for hearing the motion to vacate the reopening order in the light of the referee's findings and conclusions, and on June 20, 1942, the day fixed by the court, fifteen days being allowed Kate C. Doyle, the parties appeared before the court by attorneys. No objections were filed to the referee's report and the attorneys for Kate C. Doyle waived oral argument but requested further time to file a brief and the time of hearing was extended seven days. No brief was tendered within the time and the court took submission of the matter on the bankrupt's petition for order in accordance with the report and recommendation of the referee. Thereafter on June 27, 1942, another attorney appeared for Kate C. Doyle and requested the court to extend additional time but without showing of cause therefor, and the court stated that the matter had been submitted, and having considered the findings, conclusions and recommendations of the referee, adopted and affirmed the same, and on July 6, 1942, entered its order revoking, vacating and setting aside the reopening order which it had entered ex parte on December 1, 1941.
On August 15, 1942, Kate C. Doyle filed the notice of appeal "from said order of July 6, 1942 and the whole thereof" by which this appeal was taken.
The purpose of the appeal is to obtain in this court a review of the findings of fact which were made by the referee, and in the statement of points...
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In re Zimmer, 27037-Y.
...Sec. 2 sub. a(8), Bankr. Act of 1938, 11 U.S.C.A. § 11, sub. a(8); Remington on Bankruptcy, 4th Ed., §§ 2971-2977; Doyle v. Ponsford, 8 Cir., 1943, 136 F.2d 401; In re Forman, D.C.N.Y. 1942, 45 F. Supp. 295. Having chosen that ground for reopening, the bankrupt cannot complain that the Refe......
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In re Plumlee
...estate as a final determination adverse to any party. See, e.g., Gerber v. Fruchter, 147 F.2d 120, 122 (2d Cir.1945); Doyle v. Ponsford, 136 F.2d 401, 403 (8th Cir.1943); In re Snyder, 4 F.2d 627, 628 (9th Cir.1925). In fact, some courts have indicated that no party would have standing to c......
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In re Riazuddin
...discretion in not reopening the case so that the asset could be administered for the benefit of creditors.). See also Doyle v. Ponsford, 136 F.2d 401, 403 (8th Cir.1943) and Stackhouse v. Plumlee (In re Plumlee), 236 B.R. 606, 610 (E.D.Va.1999) (Bankruptcy court has a duty to reopen a case ......
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In re Ward, Bankruptcy No. B77-1226-M
...reopened when, as here, the Court has clear evidence that there are assets of the estate that have not been administered. Doyle v. Ponsford, 136 F.2d 401 (8th Cir.1943); In Re Johnson, 291 F.2d 910 (8th Cir.1961); In Re Foreman, 45 F.Supp. 295 (E.D.N.Y. 1942). The Court finds that there is ......