[Download] "Pitcairn v. Perry." by United States Court of Appeals for the Eighth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Pitcairn v. Perry.
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 13, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The Metalcraft Corporation, of St. Louis, Missouri, a manufacturer of metal furniture, went into reorganization on May 19, 1938, under Section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. On September 23, 1938, the corporation was adjudged a bankrupt. Contributions were due the appellant from the bankrupt under the Unemployment Compensation Law of Missouri, Laws of Missouri 1937, p. 574, Mo. St. Ann. § 13194 - 1 et seq., p. 4770, Rev. St. Mo. 1939, § 9421 et seq., a part of which contributions had accrued prior to May 19, 1938, and the balance of which had accrued while it was in reorganization. The appellant on October 10, 1938, filed a claim for unpaid contributions amounting to $4,370.14 and interest, as a preferred claim. A controversy arose between it and the appellee, the trustee of the bankrupt, as to the amount which could properly be allowed the appellant by the court of bankruptcy. The referee first determined that the appellant was entitled to have its claim allowed for $4,283.32 as a preferred claim. While the order of the referee allowing the claim was on review in the court below, this Court decided State of Missouri v. Earhart, 111 F.2d 992, in which it was ruled that a claim for contributions under the Unemployment Compensation Law of Missouri against the bankrupt estate involved in that case could not be allowed with respect to contributions accruing during the period January 1, 1937, to June 17, 1937, the date when the Unemployment Compensation Law first went into effect, and that interest on contributions accruing thereafter was not allowable after jurisdiction in bankruptcy attached. The court below, on petition of the trustee vacated the order of the referee allowing the claim of the appellant, and remanded the claim to the referee for redetermination.The trustee filed amended objections, and on May 28, 1940, after a hearing, the referee determined that the appellant was entitled to $730.44 for contributions which accrued during the reorganization period, but without interest, and that that amount should be treated as an expense of administration. He also determined that the appellant was entitled to $2,647.05 as a preferred claim, with interest at six per cent, for contributions which had accrued between June 17, 1937, and the date when the bankrupt filed its petition for reorganization. These allowances the referee believed to be in accord with the decision in the Earhart case. The appellant filed a petition for review of the referees order, contending that it was entitled to $4,370.14, which included contributions accruing in 1937 prior to June 17, and to one per cent interest per month from the date when each contribution fell due. The court below, after a hearing and largely in reliance upon the Earhart case, confirmed the order of the referee. The order of confirmation was entered September 10, 1940.

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