Conti v. Volper

Second Circuit

Conti v. Volper

229 F.2d 317

Court of Appeals for the Second Circuit·Decided January 11, 1956·No. No. 165, Docket 23795·Published·Cited by 6 cases

Opinion

PER CURIAM.

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] sion 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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] sion 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.

Conti v. Volper, 229 F.2d 317 (2d Cir. 1956).

Pincite

229 F.2d 317 (Conti v. Volper) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related