In the Matter of Yale Express Sys., Inc., Debtor. Fruehauf Corp. v. Yale Express Sys., Inc., 384 F.2d 990 (2d Cir. 1967). · Go Syfert
In the Matter of Yale Express Sys., Inc., Debtor. Fruehauf Corp. v. Yale Express Sys., Inc., 384 F.2d 990 (2d Cir. 1967). Cases Citing This Book View Copy Cite
45 citation events (1 in the last 25 years) across 19 distinct courts.
Strongest positive: Empire Enterprises, Inc. v. Koopmans (In Re Koopmans) (utb, 1982-08-11)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (quoted) Empire Enterprises, Inc. v. Koopmans (In Re Koopmans) (2×) also: Cited "see, e.g."
Bankr. D. Utah · 1982 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
it is clear beyond cavil that the prospects of reorganization would be frustrated if the reclamation petition were granted
discussed Cited as authority (rule) Claar Cellars LLC
Bankr. E.D. Wash. · 2020 · confidence medium
The take-home lesson here is that section 363(b)(1) is not a tool to obviate prohibitions found elsewhere in the Bankruptcy Code, no matter how inconvenient those prohibitions may be in a particular case. 12 See 11 U.S.C. §§ 361–366. 13 See, e.g., Van Huffel v. Harkelrode, 284 U.S. 225, 227-28 (1931); Ray v. Norseworthy, 90 U.S. (23 Wall.) 128, 134-35 (1875); In re Yale Express Sys., Inc., 384 F.2d 990, 991-92 (2d Cir. 1967); Hill v. Douglass, 78 F.2d 851, 854 (9th Cir. 1935).
cited Cited as authority (rule) In Re Booth
Bankr. D. Utah · 1982 · confidence medium
Cf. Countryman, supra at 48U-491; In re Yale Express System, Inc., 384 F.2d 990, 992 (2d Cir. 1967).
discussed Cited as authority (rule) In Re Callister
Bankr. D. Utah · 1981 · confidence medium
A different panel of the second circuit upheld the order because it was “unable to conclude that the court had abused its equitable discretion.” In re Yale Express System, Inc., 384 F.2d 990, 992 (2d Cir. 1967).
discussed Cited as authority (rule) ATC Systems, Inc. v. Valairco, Inc. (In Re Valairco, Inc.)
Bankr. D.N.J. · 1981 · confidence medium
Kaufman, writing for the court stated, “the fundamental purpose of reorganization proceedings is to enable the debtor to continue operations as well as to protect the rights of creditors ...” In re Yale Express System, Inc., 384 F.2d 990, 991 (2nd Cir. 1967). *296 CONCLUSION Based upon the foregoing factual findings and legal conclusions, Plaintiff’s complaint to modify the automatic stay so as to permit perfection of a lien is denied.
cited Cited as authority (rule) In re Penn Central Transportation Co.
3rd Cir. · 1979 · confidence medium
E. g., In re Yale Express Sys., Inc., 384 F.2d 990, 992 (2d Cir. 1967); In re New York, New Haven & Hartford R., 147 F.2d 40, 48 (2d Cir. 1945).
discussed Cited as authority (rule) Bankr. L. Rep. P 67,103
3rd Cir. · 1979 · confidence medium
E. g., In re Yale Express Sys., Inc., 384 F.2d 990, 992 (2d Cir. 1967); In re New York, New Haven & Hartford R., 147 F.2d 40, 48 (2d Cir. 1945). 92 If this were an ordinary reorganization, we think it would be necessary to treat the security diverted to operating expenses no worse than other costs of administration incurred for such purposes, or at least to equalize in some manner the treatment of secured creditors whose assets were dissipated and those whose assets were retained.
cited Cited "see" In Re Heatron, Inc.
Bankr. W.D. Mo. · 1980 · signal: see · confidence high
See Section 361, Title 11, U.S.C. and In re Yale Express Systems, Inc., 384 F.2d 990 (2nd Cir. 1967).
discussed Cited "see, e.g." Travelers Insurance Co. v. American Agcredit Corp. (In re Blehm Land & Cattle Co.)
10th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., In re Yale Express System, Inc., 384 F.2d 990, 992 (2d Cir.1967) (a pre-Code case, wherein the court suggested that a grant of an administrative priority would be an acceptable form of adequate protection).
discussed Cited "see, e.g." In Re Blehm Land & Cattle Company
10th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., In re Yale Express System, Inc., 384 F.2d 990, 992 (2d Cir.1967) (a pre-Code case, wherein the court suggested that a grant of an administrative priority would be an acceptable form of adequate protection).
cited Cited "see, e.g." United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.
SCOTUS · 1988 · signal: see, e.g. · confidence medium
See, e. g., In re Yale Express System, Inc., 384 F. 2d 990, 991-992 (CA2 1967) (Chapter X); In re Nevada Towers Associates, 14 Collier Bankr.
cited Cited "see, e.g." Imperial Bank v. El Patio, Ltd. (In Re El Patio, Ltd.)
Bankr. C.D. Cal. · 1980 · signal: see also · confidence low
See also, In re Yale Express System, 384 F.2d 990 (2d Cir. 1967).
cited Cited "see, e.g." In re Yale Express System, Inc.
S.D.N.Y. · 1968 · signal: see, e.g. · confidence low
See, e. g., In re Yale Express System, Inc. (Fruehauf Corp. v. Yale Express System, Inc.), 370 F.2d 433 (2d Cir. 1966), and 384 F.2d 990 (2d Cir. 1967).
Retrieving the full opinion text from the archive…
In the Matter of YALE EXPRESS SYSTEM, INC., Debtor. FRUEHAUF CORPORATION, Petitioner-Appellant,
v.
YALE EXPRESS SYSTEM, INC., Respondent-Appellee
125, Docket 31567.
Court of Appeals for the Second Circuit.
Nov 8, 1967.
384 F.2d 990
1967 U.S. App. LEXIS 4579
Marvin F. Hartung, New York City (Conboy, Hewitt, O’Brien & Boardman, Myron D. Cohen, New York City, of counsel), for petitioner-appellant., William R. Glendon, New York City (Royall, Koegel, Rogers & Wells, David W. Bernstein, New York City, of counsel), for respondent-appellee. •
Friendly, Kaufman, Anderson.
Cited by 31 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 72%
Citer courts: D. Utah (1)
IRVING R. KAUFMAN, Circuit Judge:

When we reversed the District Judge’s prior ruling on Fruehauf Corporation’s [Fruehauf] application for reclamation, [1] we did so because we believed too much reliance had been placed, on In re Lake’s Laundry, 79 F.2d 326 (2d Cir. 1933). We expressed the view that the ratio decidendi of that case had been undermined by the adoption in virtually every state of the Uniform Commercial Code which was “well on its way to becoming a truly national law of commerce” United States v. Wegematic Corp., 360 F.2d 674, 676 (2d Cir. 1966). Accordingly, we remanded so that Judge Tyler could reconsider the petition in the light of our .interpretation of the law that equitable principles and not hair-splitting distinctions on possession of title should góvern the ultimate determination of the issues. We suggested also that if reclamation was not appropriate the district judge should consider whether Fruehauf was deserving of rental payments for Yale Express System’s [Yale] use of its trucks and trailers during the reorganization. We find no error with Judge Tyler’s denial of Fruehauf’s claims for reclamation or rental payments.

On the record before us, it is clear beyond cavil that the prospects of reorganization would be frustrated if the reclamation petition were granted. In fact, such success as Yale is now having stems largely from its use of the very equipment Fruehauf seeks to reclaim. While it is true that the trustee finds himself dependent upon Fruehauf trucks and trailers since he has replaced older vehicles with modern Fruehauf equipment, the trustee is charged with using his best business judgment to cure the ailing corporation. The replacement of old conveyances by new and more efficient ones is certainly in the interest of the company.

Moreover, the trustee’s goal of rehabilitating Yale is not a mere will-o’the-wisp. On the contrary, the district judge found that successful reorganization of most, if not all, of the debtor companies is a reasonable possibility. Under these circumstances, and in light of the fundamental purpose of reorganization proceedings to enable the debtor to continue operations as well as to protect the rights of creditors, 6 Collier, Bankruptcy j[ 0.11 (14th ed. 1965), we are unable to conclude that the court abused its equitable discretion. Cf. Id. at [[ 3.-32.

[*992] In light of our earlier suggestion that the district judge may give consideration to rental payments, if appropriate, Fruehauf and other creditors filed applications for such relief [2] And, at the hearing before Judge Tyler, other secured creditors indicated that while they opposed Fruehauf’s demand for rental payments, they too would seek such payments if this relief were granted any creditor. Fruehauf’s attempt to distinguish its predicament from that of Yale’s other secured creditors is unconvincing; there is little difference between security interests based on loans and those based on sales when weighing creditors’ relative equities. Thus, on Fruehauf’s showing the district judge appropriately denied its application since equal treatment would have to be afforded all creditors holding security on assets that were producing earnings. And, to grant rental payments or their equivalent to all such creditors would nullify the reorganization as effectively as granting the petition for reclamation.

Nor, have we overlooked 'Fruehauf’s contention that equitable considerations compel a favorable ruling in its behalf because the vehicles in which it claims a security interest are depreciating. But to such extent as Fruehauf has been damaged by the use of its property pending the reorganization, it is entitled to equitable consideration in the reorganization plan. See In re New York, New Haven & Hartford R. Co., 147 F.2d 40 (2d Cir.), cert. denied, 325 U.S. 884, 65 S.Ct. 1577, 89 L.Ed. 1999 (1945). Moreover, we note that the trustee has offered to fix the value of the security interest claimed by Freuhauf so that its position in any reorganization will be unaffected by possible depreciation. [3]

Affirmed.

1

. 2 Cir., 370 F.2d 433 (1963).

2

. The applications of White Motor Corporation and White Motor Credit Corporation were also denied but are not before us.

3

. Fruehauf claims that it was misled because Judge Tyler stated that he would give it an opportnity to discuss the question of rent at some future point. But, Judge Tyler clearly indicated that he would reopen the hearing only if “I [he] decided that rental payments are in order.” He concluded that they were not, and we agree. We have examined Fruehauf’s remaining contentions and find them devoid of merit.