IN RE ADAMS

No. 79-3561.

642 F.2d 173 (1981)

In re Ray Bryan ADAMS, Jr., d/b/a Bryan Adams & Company, Bryan Adams Construction Co., and Bryan Adams Properties, Bankrupt. Ray Bryan ADAMS, Jr., Appellant, v. Paul J. EVANS and Myneka Evans, Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

April 10, 1981.


Attorney(s) appearing for the Case

Campbell & Davidson, William C. Davidson, Jr., Austin, Tex., for appellant.

McGinnis, Lochridge & Kilgore, Clair Morris Davis, Austin, Tex., for appellees.

Before INGRAHAM, GEE and TATE, Circuit Judges.


GEE, Circuit Judge:

We are called upon in this appeal to consider for the first time — and, since the statute has now been replaced, probably for the last — the scope of a bankruptcy court's authority to disallow a contingent or unliquidated claim under section 57(d) of the old Bankruptcy Act, 11 U.S.C. § 93(d) (1976) (repealed).

In 1974, Bryan Adams sold a duplex to Paul and Myneka Evans. The Evanses contend that Adams promised to correct...

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