In re Schapiro

D. Maryland

In re Schapiro

286 F. 620, 1923 U.S. Dist. LEXIS 1810

District Court, D. Maryland·Decided January 8, 1923·Published·Cited by 3 cases

Opinion

ROSE, Circuit Judge.

The question presented is whether a distraint, the warrant for which was issued before the filing of the petition in bankruptcy, but which was not levied until afterwards, constitutes any lien upon the property. The question is really answered by In re Chaudron & Peyton (D. C.) 180 Fed. 841. The distraint, being the act of the landlord, does not affect anything until it is actually levied, and so soon as the petition in bankruptcy is filed, the right to distrain is ended.

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ROSE, Circuit Judge.

The question presented is whether a distraint, the warrant for which was issued before the filing of the petition in bankruptcy, but which was not levied until afterwards, constitutes any lien upon the property. The question is really answered by In re Chaudron & Peyton (D. C.) 180 Fed. 841. The distraint, being the act of the landlord, does not affect anything until it is actually levied, and so soon as the petition in bankruptcy is filed, the right to distrain is ended.

In re Schapiro, 286 F. 620, 1923 U.S. Dist. LEXIS 1810 (D. Md. 1923).

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Opinion

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