In re Minners
| Decision Date | 03 August 1918 |
| Citation | 253 F. 300 |
| Parties | In re MINNERS. |
| Court | U.S. District Court — Southern District of New York |
Bernard Braun, of New York City, for purchaser.
A purchaser of real estate from the trustee in bankruptcy in this estate asks the court to reopen the estate, reinstate the trustee, and call a meeting of creditors to confirm the sale which appears to have been made without notice to creditors.
Section 2 (8) of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 545 (Comp. St. 1916, Sec. 9586)) empowers the court, among other things, to 'close estates whenever it appears that they have been fully administered, by approving the final accounts and discharging the trustees, and reopen them whenever it appears they were closed before being fully administered.'
If the sale was not legally perfected even though an equitable title passed to the trustee's vendee by estoppel, yet the legal title would be still outstanding. Under such circumstances, I think the estate cannot in a fair sense be regarded as fully administered. A proposed order is submitted reinstating the former trustee. This should not, under the opinion of the Circuit Court of Appeals for this circuit in Re Rochester Sanitarium & Baths Co., 222 Fed.at pages 27, 28, 137 C.C.A. 560, be done, but a new trustee should be elected for the purpose of executing a confirmatory deed, if such should be ordered, and for taking any further steps in the administration of the premises which were attempted to be conveyed by the former trustee that may be necessary. The purchaser's vendee is a party interested in the estate within the meaning of such decisions as In re Chandler, 138 F. 637, 71 C.C.A. 87. He is either entitled to have a deed from the trustee properly authorized, or to receive back from the creditors the consideration paid. The court may therefore reopen the estate on his motion, but he should indemnify the referee for the expenses of calling the creditors' meeting, and should also pay any expenses to which the new trustee may be put in procuring his bond if the creditors authorize a confirmatory deed by the trustee.
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In re Young
...permitted to reopen case to adjudicate whether post-petition insurance proceeds were property of debtor's estate); and In re Minners, 253 F. 300 (S.D.N.Y. 1918) (purchaser of real estate from trustee permitted to reopen Although we do concede that the interest of Ms. Ford is difficult to ca......
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Stephan v. Merchants' Collateral Corp.
...the estate was first closed. A new trustee should be elected for the purpose of administering the unadministered assets. Matter of Minners (D. C.) 253 F. 300. The application to reopen should be made by the creditors. There must be not only a reasonable prospect of unadministered assets, bu......
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In re Klein
...in support of those principles in footnotes appended to the decision. The bankrupt's wife relies principally on the case of In re Minners, D.C., 253 F. 300 in which a purchaser of real property from the trustee asked the Court to reopen an estate so that a meeting of creditors could be call......
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In re Ostermayer, 12834.
...been reopened under such circumstances and the only case we find with conditions that approach the instant application is In re Minners, S.D.N.Y., 1918, 253 F. 300 in which the court granted a reopening to the purchaser of real estate from a Trustee in Bankruptcy because the sale had been m......