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    United States Court of Appeals Second Circuit.: No. 413. Docket 30976

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    This document is a court case summary from the United States Court of Appeals for the Second Circuit. It summarizes a bankruptcy case involving Brendan Reilly Associates as the bankrupt entity. A creditor, Quintino Tesciuba, had initiated reclamation proceedings to recover property from the bankrupt estate. The trustee later challenged Tesciuba's title to the property. The court dismissed the creditor's appeal of the denial of its motion for summary judgment, finding that the dispute between the trustee and adverse claimant over property rights was a controversy arising in bankruptcy proceedings, not an appealable interlocutory order.

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    United States Court of Appeals Second Circuit.: No. 413. Docket 30976

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    Scribd Government Docs
    31 views2 pages
    This document is a court case summary from the United States Court of Appeals for the Second Circuit. It summarizes a bankruptcy case involving Brendan Reilly Associates as the bankrupt entity. A creditor, Quintino Tesciuba, had initiated reclamation proceedings to recover property from the bankrupt estate. The trustee later challenged Tesciuba's title to the property. The court dismissed the creditor's appeal of the denial of its motion for summary judgment, finding that the dispute between the trustee and adverse claimant over property rights was a controversy arising in bankruptcy proceedings, not an appealable interlocutory order.

    Original Description:

    Filed: 1967-05-01 Precedential Status: Precedential Citations: 378 F.2d 30 Docket: 30976_1

    Original Title

    In the Matter of Brendan Reilly Associates, Inc., Bankrupt. Quintino Tesciuba, D/B/A Mutual Trade Enterprises Company, Creditor-Appellant, Bernard Weinstein, Trustee, Cambridge Factors, Creditor-Appellee, 378 F.2d 30, 2d Cir. (1967)

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    This document is a court case summary from the United States Court of Appeals for the Second Circuit. It summarizes a bankruptcy case involving Brendan Reilly Associates as the bankrupt entity. A creditor, Quintino Tesciuba, had initiated reclamation proceedings to recover property from the bankrupt estate. The trustee later challenged Tesciuba's title to the property. The court dismissed the creditor's appeal of the denial of its motion for summary judgment, finding that the dispute between the trustee and adverse claimant over property rights was a controversy arising in bankruptcy proceedings, not an appealable interlocutory order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    31 views2 pages

    United States Court of Appeals Second Circuit.: No. 413. Docket 30976

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Second Circuit. It summarizes a bankruptcy case involving Brendan Reilly Associates as the bankrupt entity. A creditor, Quintino Tesciuba, had initiated reclamation proceedings to recover property from the bankrupt estate. The trustee later challenged Tesciuba's title to the property. The court dismissed the creditor's appeal of the denial of its motion for summary judgment, finding that the dispute between the trustee and adverse claimant over property rights was a controversy arising in bankruptcy proceedings, not an appealable interlocutory order.

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    of 2

    378 F.

    2d 30

    In the Matter of BRENDAN REILLY ASSOCIATES, INC.,


    Bankrupt.
    Quintino TESCIUBA, d/b/a Mutual Trade Enterprises
    Company, Creditor-Appellant,
    Bernard WEINSTEIN, Trustee, Appellee,
    Cambridge Factors, Creditor-Appellee.
    No. 413.
    Docket 30976.

    United States Court of Appeals Second Circuit.


    Argued April 14, 1967.
    Decided May 1, 1967.

    Anthony B. Cataldo, New York City, for appellant Quintino Tesciuba.


    Martin J. Caine, New York City, for trustee-appellee Bernard Weinstein.
    Howard C. Amron, New York City (Bendes, Stark & Amron, New York
    City), for appellee Cambridge Factors.
    Before MOORE, SMITH and FEINBERG, Circuit Judges.
    PER CURIAM:

    Brendan Reilly Associates, bankrupt, filed a voluntary petition in bankruptcy on


    March 6, 1964, and was appointed debtor in possession on March 10, 1964.

    Quintino Tesciuba, appellant and a creditor of the bankrupt, instituted a


    proceeding on April 2, 1964, to reclaim certain property in the possession of the
    bankrupt, allegedly belonging to appellant. Appellant's petition was granted on
    April 29, 1964, and subsequently appellant recovered the property.

    The bankrupt was adjudicated on October 13th, and the Trustee qualified on
    October 19, 1964. On May 11, 1965, the Trustee filed an application for a

    declaration of his rights, seeking vacation of the order of April 29, 1964, and
    permission to file an answer to the appellant's reclamation petition of April 2,
    1964.
    4

    Appellant moved for summary judgment against the Trustee on August 27,
    1965. The motion was denied by the Referee and the denial confirmed by the
    District Court on June 28, 1966. Reargument was denied on August 2, 1966.

    Appellant appeals from the orders of the District Court dated June 28th and
    August 2nd, 1966.

    The August 2, 1966, order denying reargument, is not appealable. In the Matter
    of Brendan Reilly Associates, Inc., 372 F.2d 235 (2d Cir. 1967).

    The denial of a motion for summary judgment is an interlocutory order and


    normally not appealable. Chappell & Co. v. Frankel, 367 F.2d 197 (2d Cir.
    1966); 6 Moore, Federal Practice 56.21[2]. Interlocutory orders in
    proceedings in bankruptcy are appealable, 11 U.S.C.A. 47, whereas such
    orders in controversies arising in proceedings in bankruptcy and in plenary
    actions brought by the Trustee are not. 6 Moore, Federal Practice 56.21[2] pp.
    2793-4.

    The Trustee's application in the present case asserted the invalidity of


    appellant's title as against both the debtor in possession and the Trustee. As
    noted above, the prayer for relief sought vacation of the Court's order
    establishing appellant's right to the property and asked permission to file an
    answer to appellant's reclamation claim.

    It is apparent that the proceedings below involved a dispute between the


    Trustee and an adverse claimant over the right to possession of property. Such a
    dispute is clearly not a proceeding in bankruptcy, 2 Collier on Bankruptcy (14th
    Ed.) 24.29-24.32, and the denial of summary judgment is not appealable.

    10

    Appeal dismissed for lack of jurisdiction.

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