Conti v. Volper
This text of 229 F.2d 317 (Conti v. Volper) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Constance v. Harvey, 2 Cir., 1954, 215 F.2d 571, reluctantly followed by Judge Byers, may seem to reach an inequitable-result, but Section 70, sub. c, of the Bankruptcy Act, 11 U.S.C.A. § 110, sub. c, provides: “The trustee, as to all property, whether or not coming into posses[318]*318sion or control of the court, upon which a creditor of the bankrupt could have obtained a lien by legal or equitable proceedings at the date of bankruptcy, shall be deemed vested as of such date with all the rights, remedies, and powers of a creditor then holding a lien thereon by such proceedings, whether or not such a creditor actually exists”; and it is difficult to see how such plain language could be disregarded.
Affirmed.
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Cite This Page — Counsel Stack
229 F.2d 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conti-v-volper-ca2-1956.