Republic National Bank v. Crippen
| Decision Date | 30 June 1955 |
| Docket Number | No. 15303.,15303. |
| Citation | 224 F.2d 565 |
| Parties | REPUBLIC NATIONAL BANK OF DALLAS, Trustee, and Texas Bank & Trust Company of Dallas, Appellants, v. Elijah CRIPPEN, Trustee of Bankers Discount Corporation, Debtor, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John B. Stigall, Jr., Larry DeBogory, DeBogory & DeBogory, Dallas, Tex., for appellants.
Thomas R. Hartnett, III, Dallas, Tex., for appellee.
Before RIVES, Circuit Judge, and DAWKINS and DE VANE, District Judges.
DE VANE, District Judge.
Bankers Discount Corporation, hereinafter called debtor, is a finance company engaged in the purchase of instalment consumer papers from wholly owned subsidiaries, financing its operations by collateralizing such papers to commercial banks upon short-term notes. The debtor became financially involved and in April, 1953 filed its petition, pursuant to Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq., for an arrangement of its unsecured creditors.
Proceedings thereunder continued in the District Court for the Northern District of Texas, Dallas Division with little or no successful progress until March 31, 1954 when certain creditors of the debtor filed a petition under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., for a reorganization of the corporation.
Appellee, Elijah Crippen, was duly appointed trustee of the debtor. Subsequently the trustee filed plans for the reorganization of the corporation. Appellants were holders in due course of collateralized notes of the debtor in substantial amounts and had prior to any of the proceedings in the District Court referred such notes to counsel for collection. The indebtednesses due appellants were adequately secured and it was not necessary for appellants to join in or consent to the plan for reorganization of the group. They did, however, agree to join such plan and were classified as secured Class 1 creditors.
Article 5 of the plan specifically provided that secured Class 1 creditors were to receive
Subsequent to the approval by the court of the plan of reorganization, appellants duly filed their proof of claim for their costs, trustee's fees and attorney's fees as authorized by Article 5 thereof. Appellee filed objections thereto and app...
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Schouten v. Jakubiak (In re Jakubiak)
...to them [is] the denial of due process which is never harmless error.’ " (alteration in original) (quoting Republic Nat'l Bank of Dallas v. Crippen , 224 F.2d 565, 566 (5th Cir. 1955) ) ). It is unsurprising then, that in Smith , the Seventh Circuit recognized that "[t]he constitutional man......
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Elliott v. Gen. Motors LLC (In re Motors Liquidation Co.)
...to present evidence at the close of the evidence" and that such denial could not be "harmless error"); Republic Nat'l Bank of Dallas v. Crippen, 224 F.2d 565, 566 (5th Cir. 1955) ("The right to be heard on their claims was a constitutional right and the denial of that right to them was the ......
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Schouten v. Jakubiak (In re Jakubiak), Case No. 15-21424-GMH
...to them [is] the denial of due process which is never harmless error.'" (alteration in original) (quoting Republic Nat'l Bank of Dallas v. Crippen, 224 F.2d 565, 566 (5th Cir. 1955))). It is unsurprising then, that in Smith, the Seventh Circuit recognized that "[t]he constitutional mandate ......
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Elliott v. Gen. Motors LLC (In re Motors Liquidation Co.)
...to present evidence at the close of the evidence” and that such denial could not be “harmless error”); Republic Nat'l Bank of Dallas v. Crippen , 224 F.2d 565, 566 (5th Cir. 1955) (“The right to be heard on their claims was a constitutional right and the denial of that right to them was the......