In re Kay-Tee Film Exch.
In re KAY-TEE FILM EXCH.
- Proceeding
- district
- Outcome
- affirmed — Affirmed.
- Area
- other
- Panel
- Wellborn (author)
Analysis
The court reviewed a referee's order allowing Lubin Manufacturing Company to reclaim 29 rolls of moving pictures from the bankruptcy trustee. The court affirmed the referee's order.
| What the court decided | The model |
|---|---|
Affirmation of the referee's order allowing Lubin Manufacturing Company's petition for reclamation of 29 rolls of moving pictures.“it is ordered that the order of the referee herein be, and the same hereby is, affirmed.” | unsure The order provides no factual findings, legal analysis, or citation to authorities supporting the reclamation claim. While reclamation rights for goods sold on credit to a bankrupt are a recognized concept in bankruptcy law, the order does not recite the record necessary to verify if the legal requirements for reclamation (such as timely filing or the nature of the property) were met. Therefore, it is impossible to determine if the decision follows from the law based solely on the text provided. |
The order itself: sound with gaps — The order is purely procedural and conclusory. It states the result (affirmance) but provides no reasoning, facts, or legal basis. It does not answer the motion with the right authorities because it cites no authorities.
Opinion — Wellborn
WELLBORN, District Judge.
This matter having heretofore been submitted to the court for its consideration and decision on a review of the referee’s order allowing petition of Lubin Manufacturing Company for reclamation of 29 rolls of moving pictures in the possession of the trustee of the estate of said bankrupt, now, the court having duly considered the same, and being fully advised in the premises, it is ordered that the order of the referee herein be, and the same hereby is, affirmed.