ROSEANNA CONTI, RESPONDENT-APPELLANT,
v.
MORRIS VOLPER, TRUSTEE OF GONDOLA ASSOCIATES, INC., BANKRUPT, PETITIONER-APPELLEE
ROSEANNA CONTI, RESPONDENT-APPELLANT,
MORRIS VOLPER, TRUSTEE OF GONDOLA ASSOCIATES, INC., BANKRUPT, PETITIONER-APPELLEE
229 F.2d 317
United States Court of Appeals for the Second Circuit (1956)
Positive Treatment
Cited by 6 cases
Opinion of the Court
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 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bankruptcy v. Mfrs. Nat'l Bank of Detroit, 364 U.S. 603 (U.S. 1961)
-
Brookhaven Bank & Tr. Co. v. Gwin, 253 F.2d 17 (5th Cir. 1958)
-
Frank S. Blackford in Bankr. of Munro-Van Helms Co. v. Commercial Credit Corp., 263 F.2d 97 (5th Cir. 1959)
Authorities Cited
- Constance v. Harvey, 215 F.2d 571 (2d Cir. 1954)