In re Acco Construction Co.

S.D. Illinois

In re Acco Construction Co.

206 F. Supp. 419, 1962 U.S. Dist. LEXIS 4269

CourtDistrict Court, S.D. Illinois

DecidedJune 5, 1962

DocketNo. 16047

StatusPublished

This text of 206 F. Supp. 419 (In re Acco Construction Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Acco Construction Co., 206 F. Supp. 419, 1962 U.S. Dist. LEXIS 4269 (S.D. Ill. 1962).

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Opinion

MERCER, Chief Judge.

Hearing upon a petition for review has been had. This matter involves the claim of Wadsworth Homes, Inc., now known as James H. Stanton Construction Company. The Company claims a lien against Lots 11, 12 and 13, and against the proceeds of the sale of Lot 19. It is undisputed that the Company did not file its claim of lien with the Recorder of Knox County, Illinois within four months of delivering material to the lots. Under Section 7, Chapter 82 of the Illinois Revised Statutes, its lien is invalid as to any other creditor encumbrances or purchaser. Under Section 70, sub. c of the Bankruptcy Act, 11 U.S. C.A. § 110, sub. c, the Trustee in Bankruptcy has all the rights of a lien creditor from the date of bankruptcy. Therefore, the lien claim of the Stanton Company is invalid against the Trustee in Bankruptcy because of its failure to file a claim within four months after the completion of the work.

I have examined findings of the Referee and I am of the opinion that his findings are not clearly erroneous. The order of the Referee is hereby affirmed.

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MERCER, Chief Judge.

Hearing upon a petition for review has been had. This matter involves the claim of Wadsworth Homes, Inc., now known as James H. Stanton Construction Company. The Company claims a lien against Lots 11, 12 and 13, and against the proceeds of the sale of Lot 19. It is undisputed that the Company did not file its claim of lien with the Recorder of Knox County, Illinois within four months of delivering material to the lots. Under Section 7, Chapter 82 of the Illinois Revised Statutes, its lien is invalid as to any other creditor encumbrances or purchaser. Under Section 70, sub. c of the Bankruptcy Act, 11 U.S. C.A. § 110, sub. c, the Trustee in Bankruptcy has all the rights of a lien creditor from the date of bankruptcy. Therefore, the lien claim of the Stanton Company is invalid against the Trustee in Bankruptcy because of its failure to file a claim within four months after the completion of the work.

I have examined findings of the Referee and I am of the opinion that his findings are not clearly erroneous. The order of the Referee is hereby affirmed.

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Bluebook (online)

206 F. Supp. 419, 1962 U.S. Dist. LEXIS 4269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-acco-construction-co-ilsd-1962.

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