N. W. Day Supply Company v. Samuel Valenti, Trustee, in the Matter of Bay State Air Conditioning Corporation, Bankrupt

First Circuit

N. W. Day Supply Company v. Samuel Valenti, Trustee, in the Matter of Bay State Air Conditioning Corporation, Bankrupt

343 F.2d 756, 1965 U.S. App. LEXIS 5937

CourtCourt of Appeals for the First Circuit

DecidedApril 9, 1965

Docket6465_1

StatusPublished

This text of 343 F.2d 756 (N. W. Day Supply Company v. Samuel Valenti, Trustee, in the Matter of Bay State Air Conditioning Corporation, Bankrupt) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N. W. Day Supply Company v. Samuel Valenti, Trustee, in the Matter of Bay State Air Conditioning Corporation, Bankrupt, 343 F.2d 756, 1965 U.S. App. LEXIS 5937 (1st Cir. 1965).

Pincite

Opinion

PER CURIAM.

Massachusetts General Laws, Chapter 254, Section 31 (1961 Stat. ch. 530) in terms causes a lien to arise in favor of materialmen upon the adjudication in bankruptcy of certain contractors. The Bankruptcy court refused to recognize any lien; the District Court affirmed, and this appeal followed.

This is not a case, as appellant argues, of a right to perfect, after bankruptcy, a lien previously initiated or created, cf. Bankr.Act, § 67, sub. b, 11 U.S.C. § 107, sub. b, but is merely an attempt to impose a special order of distribution upon the Bankruptcy court after the rights of all *757 parties had already been fixed by the filing of the petition. That this construction is not due to inadvertence of the draftsman is emphasized by the further provision to the effect that the so-called lien, is subordinate to all liens otherwise created whether before or after the furnishing of the materials. In other words, it is the filing of the bankruptcy proceedings which, supposedly, creates the lien. Whatever may be the purpose of this statute, or its effect in other circumstances, it is plainly not within the exceptions permitted to a state to control the distribution oif assets in the hands of the Bankruptcy court. Cf. Commercial Credit Co. v. Davidson, 5 Cir., 1940, 112 F.2d 54, 56.

Affirmed.

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PER CURIAM.

Massachusetts General Laws, Chapter 254, Section 31 (1961 Stat. ch. 530) in terms causes a lien to arise in favor of materialmen upon the adjudication in bankruptcy of certain contractors. The Bankruptcy court refused to recognize any lien; the District Court affirmed, and this appeal followed.

This is not a case, as appellant argues, of a right to perfect, after bankruptcy, a lien previously initiated or created, cf. Bankr.Act, § 67, sub. b, 11 U.S.C. § 107, sub. b, but is merely an attempt to impose a special order of distribution upon the Bankruptcy court after the rights of all *757 parties had already been fixed by the filing of the petition. That this construction is not due to inadvertence of the draftsman is emphasized by the further provision to the effect that the so-called lien, is subordinate to all liens otherwise created whether before or after the furnishing of the materials. In other words, it is the filing of the bankruptcy proceedings which, supposedly, creates the lien. Whatever may be the purpose of this statute, or its effect in other circumstances, it is plainly not within the exceptions permitted to a state to control the distribution oif assets in the hands of the Bankruptcy court. Cf. Commercial Credit Co. v. Davidson, 5 Cir., 1940, 112 F.2d 54, 56.

Affirmed.

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343 F.2d 756, 1965 U.S. App. LEXIS 5937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/n-w-day-supply-company-v-samuel-valenti-trustee-in-the-matter-of-bay-ca1-1965.

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