Borchard v. California Bank,
310 U.S. 311 (1940)

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U.S. Supreme Court

Borchard v. California Bank, 310 U.S. 311 (1940)

Borchard v. California Bank

No. 752

Argued April 30, 1940

Decided May 20, 1940

310 U.S. 311


In a proceeding under § 75(s) of the Bankruptcy Act, the debtors petitioned the conciliation commissioner for an appraisal and the setting aside of the property to them (no action having been taken upon a previous petition); appraisers were appointed and made report to the commissioner of the value of the property, but no stay order fixing terms on which the debtors would remain in possession had been entered. Held, the action of the District Court at that stage, in granting leave to a creditor to sell the property under deeds of trust was contrary to the provisions of § 75(s). P. 310 U. S. 316.

107 F.2d 96 reversed.

Certiorari, 309 U.S. 648, to review the affirmance of an order of the District Court, in a proceeding under

Page 310 U. S. 312

§ 75(5) of the Bankruptcy Act, authorizing the sale of the debtors' property under deeds of trust.

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