Vass v. Conron Bros. Co. (1932)
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· 121 citation events
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In Re VistaCare Group, LLC (2012)
Co., 59 F.2d 969, 970-71 (2d Cir.1932) (L.Hand, J.).
Co., 59 F.2d 969, 970 (2d Cir. 1932) (L.
L. Hand, J.
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William Carroll, Jr. v. Samera Abide (2015)
In re VistaCare Grp., 678 F.3d at 222 (plaintiff sought leave to proceed in state court); McDaniel, 668 F.3d at 155 (plaintiff filed suit in state court); In re Crown Vantage, 421 F.3d at 969 (same); In re Linton, 136 F.3d at 544 (same); In re Lehal Realty, 101 F.3d at 274 (same); In re DeLorean Motor, 991 F.2d at 1238 (same); Vass, 59 F.2d at 970 (Hand, J.) (same). 16 .
Hand, J.
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Carroll v. Abide (2015)
In re VistaCare Grp., 678 F.3d at 222 (plaintiff sought leave to proceed in state court); McDaniel, 668 F.3d at 155 (plaintiff filed suit in state court); In re Crown Vantage, 421 F.3d at 969 (same); In re Linton, 136 F.3d at 544 (same); In re Lehal Realty, 101 F.3d at 274 (same); In re DeLorean Motor, 991 F.2d at 1238 (same); Vass, 59 F.2d at 970 (Hand, J.) (same). .
Hand, J.
Co., 59 F.2d 969, 971 (2 Cir. 1932). 34 WILLIAM F. SMITH and SEITZ, Circuit Judges, concur in this dissent.
Co., 59 F.2d 969, 971 (2d Cir.1932) (Hand, J).
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Muratore v. Darr (2004)
Go., 59 F.2d 969, 971 (2d Cir.1932).
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In Re Cherry Barbara Castillo, Debtor, Nancy Curry, Chapter 13 Trustee v. Cherry Barbara Castillo G. Thomas L… (2002)
Co., 59 F.2d 969, 970 (2d Cir.1932) (holding that a bankruptcy trustee, like a receiver, is an officer of the court, and trustee's possession is protected because it is the court's); In re Kashani, 190 B.R. 875, 885 (B.A.P. 9th Cir.1995) (noting that the granting of leave for a party to sue the trustee is within the sound discretion of the appointing court).
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Curry v. Castillo (2002)
Co., 59 F.2d 969, 970 (2d Cir.1932) (holding that a bankruptcy trustee, like a receiver, is an officer of the court, and trustee’s possession is protected because it is the court’s); In re Kashani, 190 B.R. 875, 885 (B.A.P. 9th Cir.1995) (noting that the granting of leave for a party to sue the trustee is within the sound discretion of the appointing court).
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Clyde Thomas Carter v. Bob Rogers (2000)
Co., 59 F.2d 969, 970 (2d Cir.1932); Kashani v. Fulton (In re Kashani), 190 B.R. 875, 885 (9th Cir.BAP 1995).
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Clyde Thomas Carter v. Bob Rogers (2000)
Co., 59 F.2d 969, 970 (2d Cir. 1932); Kashani v. Fulton (In re Kashani), 190 B.R. 875, 885 (9th Cir. B.A.P. 1995). 4 In this case, Defendants other than Rodgers were not court “appointed,” but rather court “approved.” We find this distinction irrelevant, and hold that these court approved officers functioned as the equivalent of court appointed officers for purposes of the Barton doctrine.
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LeBlanc v. Salem (1999)
Co., 59 F.2d 969, 970 (2d Cir.1932) (L.
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National Labor Relations Board v. Horizons Hotel Corporation D/B/A Carib Inn of San Juan, Horizons Hotel Corp… (1995)
Co., 59 F.2d 969, 970 (2d Cir.1932) (bankruptcy court may enjoin action in state court against receiver in bankruptcy where not commenced with leave of the appointing court); In re: Campbell, 13 B.R. 974 , 976 (D.Idaho 1981) (permission of the bankruptcy court is a prerequisite for state-court action against trustee in bankruptcy for acts done within his authority as trustee).
Co., 59 F.2d 969, 970 (2d Cir.1932) (bankruptcy court may enjoin action in state court against receiver in bankruptcy where not commenced with leave of the appointing court); In re: Campbell, 13 B.R. 974 , 976 (D.Idaho 1981) (permission of the bankruptcy court is a prerequisite for state-court action against trustee in bankruptcy for acts done within his authority as trustee).
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NLRB v. Horizons Hotel Corp. (1995)
Co., 59 F.2d 969, 970 (2d ____ _________________ Cir. 1932)(bankruptcy court may enjoin action in state court against receiver in bankruptcy where not commenced with leave of the appointing court); In re: Campbell, 13 B.R. 974 , 976 _________________ (D.Idaho 1981)(permission of the bankruptcy court is a prerequisite for state-court action against trustee in bankruptcy for acts done within his authority as trustee).
bankruptcy court may enjoin action in state court against receiver in bankruptcy where not commenced with leave of the appointing court
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In Re N.P. Mining Company, Inc., Debtor. Alabama Surface Mining Commission v. N.P. Mining Company, Inc., C. M… (1992)
Co., 59 F.2d 969, 971 (2d Cir.1932).
Co., 59 F.2d 969, 971 (2d Cir.1932).
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Hugh B. Anderson v. United States of America, Defendant-Third-Party v. Emile L. Turner, Jr., Third-Party (1975)
Co., 59 F.2d 969, 971 (2d Cir. 1932).
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State v. Better Brite Plating Inc. (1992)
Co., 59 F.2d 969, 970 (2d Cir. 1932), applied the Barton doctrine to trustees in bankruptcy.
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Liberty Bridge Capital Management GP, LLC (2025)
Co., 59 F.2d 969, 970 (2d Cir. 1932).
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James Alridge, Relator, on behalf of United States of America v. Corporate Management, Inc., et al. (2026)
Co., 59 F.2d 969, 970 (2d Cir.1932); Kashani v. Fulton (In re Kashani ), 190 B.R. 875, 885 (9th Cir.BAP 1995). ‘An unbroken line of cases ... has imposed [this] requirement as a matter of federal common law.’ Linton, 136 F.3d at 545 .
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James Alridge, Relator, on behalf of United States of America v. Corporate Management, Inc., et al. (2026)
Co., 59 F.2d 969, 970 (2d Cir.1932); Kashani v. Fulton (In re Kashani ), 190 B.R. 875, 885 (9th Cir.BAP 1995). ‘An unbroken line of cases ... has imposed [this] requirement as a matter of federal 3 Davis v. Bayless cites the following cases as support - New Alaska Dev.
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In re: Kris Daniel Roglieri (2026)
Co., 59 F.2d 969, 971 (2d Cir. 1932) (“[A]n action against a trustee in bankruptcy for transactions of his own, must be brought in the bankruptcy court, unless it gives leave to liquidate elsewhere.”).
“[A]n action against a trustee in bankruptcy for transactions of his own, must be brought in the bankruptcy court, unless it gives leave to liquidate elsewhere.”
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Union Bank, N.a., Resp. v. John T. Blanchard, Apps. (2016)
Co., 59 F.2d 969, 970 (2d Cir. 1932) (holding that a bankruptcy trustee, like a receiver, is an officer of the court, and trustee’s possession is protected because it is the court’s).
holding that a bankruptcy trustee, like a receiver, is an officer of the court, and trustee’s possession is protected because it is the court’s
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Pergament v. Varela (In re Varela) (2015)
Co., 59 F.2d 969, 970 (2d Cir.1932) (“trustees in bankruptcy ... may be sued by their title, and judgments against [trustees] bind the [estate] assets.”); see also Rogers v. Ackley Commc’ns, Enters., Inc., No. 1996-13M, 1996 WL 493174 , at *1 (D.V.I.
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Lambert v. Schwab (In Re Lambert) (2010)
Co., 59 F.2d 969, 970 (2d Cir.1932); Kashani v. Fulton (In re Kashani), 190 B.R. 875, 885 (9th Cir. BAP 1995).
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In re Old Carco LLC (2010)
Co., 59 F.2d 969, 971 (2d Cir.1932)).
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In Re Old Carco LLC (2010)
Co., 59 F.2d 969, 971 (2d Cir.1932)).
Co., 59 F.2d 969, 971 (2d Cir.1932).
Co., 59 F.2d 969, 970 (2d Cir.1932); In re Johnson, 518 F.2d 246, 251 n. 5 (10th Cir.), cert. denied, 423 U.S. 893 , 96 S.Ct. 191 , 46 L.Ed.2d 125 (1975).
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In Re Wall Tube and Metal Products Co. (1986)
Co., 59 F.2d 969, 971 (2d Cir.1932) (suit by lessee of cold storage space against trustee for failure to properly refrigerate premises not within statute where trustee not carrying on business) (“[mjerely to hold matters in statu quo ... to do only what is necessary to hold the assets intact ... [does] not seem to us to be a continuance of the business”) (L.
Co., 59 F.2d 969, 970 (2d Cir.1932) (“Under the law of New York no action may be maintained against a trustee as such, any more than against a director, a freight agent, a lawyer, or a jockey, as such; the law of that state does not apparently recognize multiple personalties.”) (L.
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In Re American Associated Systems, Inc. (1974)
Co., 2d Cir., 59 F.2d 969, 971 (1932).
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In re I. J. Knight Realty Corp. (1965)
Other Cases Relied On By Petitioner Petitioner places heavy reliance on a statement by Judge Learned Hand in Vass v. Conron, 59 F.2d 969, at 971 (2nd Cir. 1932). 2 In that case, a state court action against a receiver and trustee was enjoined as being in an improper forum.
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In re Hacker (1963)
Co., 59 F.2d 969, 970 (2nd Cir. 1932)] From the point of view of the record in the bankruptcy court, the statute is inapplicable because the missing merchandise was missing when the receiver was appointed and never came into his hands.
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Massachusetts Mut. Life Ins. v. Grossman (1933)
Co., 59 F.(2d) 969, 971 (C.
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In Re Lehal Realty Associates (1996)
See, e.g., Vass v. Conron Bros., 59 F.2d at 971 ; In re DeLorean Motor Co., 991 F.2d at 1240-41 ; Matter of Campbell, 13 B.R. 974 (Bankr.D.Idaho 1981); Maguire v. Puente, 120 Misc.2d 871 , 466 N.Y.S.2d 934 (N.Y.Sup.Ct.1983).
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Lebovits v. Scheffel (In re Lehal Realty Associates) (1996)
See, e.g., Vass v. Conron Bros., 59 F.2d at 971 ; In re DeLorean Motor Co., 991 F.2d at 1240-41 ; Matter of Campbell, 13 B.R. 974 (Bankr.D.Idaho 1981); Maguire v. Puente, 120 Misc.2d 871 , 466 N.Y.S.2d 934 (N.Y.Sup.Ct.1983).
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In the Matter of Investors Funding Corp. Of New York, Ifc Collateral Corp., Debtors. Jaytee-Penndel Co. v. Ja… (1976)
See Vass v. Conron Bros., 59 F.2d 969, 971 (2d Cir. 1932) (L.
L. Hand, J.
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Austrian v. Williams (1954)
See Vass v. Conron Bros., 2 Cir., 1932, 59 F.2d 969 .
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Austrian v. Williams (1954)
See Vass v. Conron Bros., 2 Cir., 1932, 59 F.2d 969 .
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McIntire v. China Mediaexpress Holdings, Inc. (2015)
See Vass, 59 F.2d at 970 .
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In re Mercy-Douglass Hospital, Inc. (1973)
See also Vass v. Conron Brothers Co., 59 F.2d 969 (2d Cir. 1932), per Learned Hand.
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Novo Enzyme Corporation v. Baker (1973)
See also Thompson v. Texas Mexican Railway Co., 328 U.S. 134 , 66 S.Ct. 937 , 90 L.Ed. 1132 (1946).” The right to sue the Trustees on “causes of action arising out of the operation of the business by the Trustees” has been recognized in this Circuit in Vass v. Conron Brothers, 59 F.2d 969 (2d Cir. 1932) L.