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Justia > US Law > US Case Law > US Supreme Court > Volume 440 > Butner v. United States - 440 U.S. 48 > Syllabus
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7/26/2013 11:36 AM
Butner v. United States - 440 U.S. 48 (1979) :: Justia US Supreme Court C...
http://supreme.justia.com/cases/federal/us/440/48/
determination of property rights in the assets of a bankrupt's estate to Page 440 U. S. 49 state law. The law of the State where the property is located accordingly governs a mortgagee's right to rents during bankruptcy, and a federal bankruptcy court should take whatever steps are necessary to ensure that a mortgagee is afforded in federal ankruptcy court the same protection he would have under state law had no bankruptcy ensued. Though the general plinciple of the applicability of state law to determine property rights in a bankrupt's assets was applied by both the District Court and the Court of Appeals (and those courts properly did not follow the minority federal quity rule under which a mortgagee is accorded a secured interest in rent even if state law would not recognize any such interest until after foreclosure), those courts disagreed about the requirements of North Carolina law. Hwever, that state law issue, as such, will not be reviewed by this Court. Pp. 440 U. S. 51-58. 566 F.2d 1207, affirmed. STEVENS, J., delivered the opnion for a unanimous Court.
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7/26/2013 11:36 AM
Butner v. United States - 440 U.S. 48 (1979) :: Justia US Supreme Court C...
http://supreme.justia.com/cases/federal/us/440/48/
Geno E. Borchardt
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Stephen O'Rear
Business Law, Construction Law, Energy Fort Worth, TX
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