In re Kane

Citations

• 131 F. 386
• 1904 U.S. Dist. LEXIS 206

Syllabus

<p>1. Bankruptcy — Adverse Claims — Courts—Jurisdiction.</p> <p>A bankruptcy court lias jurisdiction to determine in the first instance whether an asserted adverse claim to property claimed by the bankrupt’s trustee is colorable or actual.</p> <p>2. Same — Summary Proceedings.</p> <p>Where an adverse claim to property claimed by a bankrupt’s trustee is colorable merely, or clearly a nullity, the referee has jurisdiction to require a surrender of the property to the trustee in bankruptcy, or to determine such adverse claim by summary proceedings; but, if it appears that the claim is asserted in good faith, and substantiated by verified pleadings or oral testimony, the issue can be determined only by a plenary suit.</p> <p>¶ 2. See Bankruptcy, vol. 6, Cent. Dig. § 447.</p>