Stanton v. Busch, 6707.
| Decision Date | 24 June 1932 |
| Docket Number | No. 6707.,6707. |
| Parties | STANTON v. BUSCH. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Courtney L. Moore, A. B. Kreft, and Torregano & Stark, all of San Francisco, Cal., for appellant.
Before SAWTELLE, Circuit Judge, and NETERER and ST. SURE, District Judges.
From refusal to vacate an order "re-referring to * * * the Referee at San Diego with plenary powers to consider, hear, adjudicate and determine any and all issues in the matter of lien claimants as against the trustee in bankruptcy of the estate and to exercise to the fullest extent the powers of a referee in bankruptcy in ancillary proceedings and to appoint a receiver or custodian of the property involved in the ancillary proceedings in bankruptcy within the territorial jurisdiction of this court, and that the referee shall hear such matters upon giving the trustee in San Francisco, Northern District, at least five days' notice in writing of the hearing of such matter by the referee," the matter is here on appeal.
On April 15, 1931, at San Francisco, Northern district, pending an involuntary petition in bankruptcy to conserve, take, and support until a trustee is appointed, this receiver filed a petition in the Southern district praying that an order ancillary in aid of the plenary receiver and authority and power to examine witnesses by a referee in San Diego as special master, alleging that properties in the Southern district were incumbered, etc., in which the estate had substantial equity, and to require all lien claimants to file and compound the same, that the liens may be ascertained, and for authority that petitioner may offer the property for sale, etc.
An order was entered instituting the ancillary proceedings "in and of the bankrupt estate as receiver" appointed in the Northern district, and it is necessary in aid of the receiver's administration that the ancillary proceedings be instituted, and the matter was referred to the referee in bankruptcy as a special master with power of a referee in bankruptcy to examine witnesses and require claims to be filed to ascertain the extent thereof, and that the receiver file a report of his acts and doings and furnish a copy thereof to the receiver or trustee in bankruptcy when elected.
One Busch, in response to notice of the special master, filed a claim and proceedings were had thereon; the special master exercising full jurisdiction about as an equity receiver. This claim was settled by the parties, so the further history of that is unimportant to the determination of the issue now for decision.
The trustee in bankruptcy duly qualified August 3, 1931. After this date an order was entered in the ancillary receivership proceedings in the Southern district "in aid of the bankruptcy estate as receiver" in the Northern district of California, from which this appeal is prosecuted: "Ordered that the entire matter be re-referred to the Hon. J. A. Isaacson, Referee, San Diego, with plenary powers to...
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In re FP Newport Corporation
...property over to the Trustee. And the Court cannot confer upon the Receiver duties which only the Trustee can perform. Stanton v. Busch, 9 Cir., 1932, 59 F.2d 668, 669. The Bankruptcy Act limits the compensation of receivers. Bankruptcy Act, § 48, sub. a(1, 2), 11 U.S.C.A. § 76, sub. a(1, 2......
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