Butner v. United States
- Decided
- February 21, 1979
- Docket
- 77-1410
- Status
- Published
- Jurisdiction
- Federal
Cited 3,653 timesSuperseded on other grounds (not yet verified)Possible negative treatment: superseded on other grounds, superseded by statute (not yet verified) · Pace Diversified Corporation v. Macpherson Oil Company
What later courts said
- holding that, "[u]nless some federal interest requires a different result," bankruptcy law requires "[u]niform treatment of property interests by both state and federal courts" — In Re Philadelphia Newspapers, LLC (2010)
- holding that federal courts should recognize the property interests “created and defined by state law” unless “some federal interest requires a different result_” — In Re Palumbo Family Ltd. Partnership (1995)
- holding that a secured party’s right to rents collected between the filing of bankruptcy and the foreclosure sale was a matter of state law. — C.F. Brookside, Ltd. v. Skyview Memorial Lawn Cemetery (In Re Affordable Housing Development Corp.) (1994)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Stevens delivered the opinion of the Court.
A dispute between a bankruptcy trustee and a second mortgagee over the right to the rents collected during the period between the mortgagor’s bankruptcy and the foreclosure sale of the mortgaged property gave rise to the question we granted certiorari to decide. 436 U. S. 955. That question is whether the right to such rents is determined by a federal rule of equity or by the law of the State where the property is located.
On May 14, 1973, Golden Enterprises, Inc. (Golden), filed a petition for an arrangement under Chapter XI of the Bank [*50] ruptcy Act. 11 U. S. C. §§ 701-799. In those proceedings, the bankruptcy judge approved a plan consolidating various liens on North Carolina real estate owned by Golden. As a result, petitioner acquired a second mortgage securing an indebtedness of $360,000. [1]
Statutes cited
- 11 U.S.C. § 701
- 11 U.S.C. § 96
Cite this
Butner v. United States, 440 U.S. 48 (1979)Read the full opinion
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