Owen J. Roberts

Name: Bernards v. Johnson — Opinion of the Court
Author: Owen J. Roberts

Bernards v. Johnson — Opinion of the Court

Summary

“Bernards v. Johnson — Opinion of the Court”, is a work by Owen J. Roberts. It explores elements such as bankrupts, the District Court and petition.

Quotes from Bernards v. Johnson — Opinion of the Court (Owen J. Roberts)

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ Three questions emerge from this long and complicated record. They are:
1. Assuming the decision of the Circuit Court of Appeals was erroneous, had it power to recall its mandate and reconsider the appeal? We hold that it had.
2. Assuming the challenged orders of the commissioner and the court were erroneous, were they final, binding, and impregnable to subsequent attack, since review or appeal was not sought or taken within the time limited by court rule or by law? We hold that they were. ”

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Source: Wikisource

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ If the respondents had not cross-petitioned for affirmative relief, the District Court need have taken no further action than it did in dismissing the bankrupts' petition and motion. An order denying a petition for rehearing or review which is dismissed because the petition was filed out of time, without reconsideration of the merits, does not extend the time for appeal from the original order. ”

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Source: Wikisource

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ The petitioners, who are adjudicated bankrupts, attack an order and a decree of the District Court, which were affirmed by the Circuit Court of Appeals. [2] The respondents are mortgagees who purchased property of the bankrupts at foreclosure sales, and the trustee in bankruptcy. ”

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Source: Wikisource

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ April 12, 1933, the respondent, Collins brought foreclosure proceedings on a mortgage which was a first lien on a portion of the land. April 6, 1934, two of the respondents, Johnson and United States National Bank (herein, for the sake of brevity, referred to as Johnson) instituted a foreclosure suit under a mortgage which was secured by a pledge of personalty and was also a first lien on all the land not covered by the Collins mortgage, and a second lien on the tract mortgaged to Collins. July 11, 1934, a state court entered a decree of foreclosure in the latter suit. ”

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Source: Wikisource

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ January 4, 1937, the bankrupts filed with the commissioner a petition reciting their adjudication as bankrupts, and praying that the commissioner proceed with the appraisal of their property; that he rescind the order of August 8, 1936; that he remove the trustee because the latter was not elected by the requisite majority in amount of unsecured creditors, and was an improper person; that the trustee be ordered to account for all property coming into his possession ”

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Source: Wikisource

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ With respect to the relief and the instructions prayed by the trustee, the court made certain findings as to what had been done in the administration of the estate, confirmed that action, and instructed the trustee as to his further proceedings. ”

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Source: Wikisource

Owen J. Roberts, Bernards v. Johnson — Opinion of the Court

“ These findings and these provisions of the decree obviously were made in response to the cross-petitions of the respondents. They cannot be considered as a review of the merits requested by the petitioners.
The court also found that the bankrupts had made no attempt to comply with the new subsection § of § 75; that they had, ever since the filing of their petition for adjudication on December 19, 1934, been beyond all hope of financial rehabilitation; that there was no possibility of such rehabilitation. ”

Owen J. Roberts

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