Roseanna Conti v. Morris Volper, Trustee of Gondola Associates, Inc., Bankrupt

U.S. Court of Appeals for the Second Circuit January 11, 1956

Roseanna Conti v. Morris Volper, Trustee of Gondola Associates, Inc., Bankrupt, 229 F.2d 317 (2d Cir. 1956)

1956 U.S. App. LEXIS 4388

Opinion

Roseanna CONTI, Respondent-Appellant,
v.
Morris VOLPER, Trustee of Gondola Associates, Inc., Bankrupt, Petitioner-Appellee.

No. 165.

Docket 23795.

United States Court of Appeals Second Circuit.

Submitted December 14, 1955.

Decided January 11, 1956.

Edward J. McCann, Brooklyn, N. Y., for respondent-appellant.

Levin & Weintraub, New York City (Benjamin Weintraub and Howard N. Beldock, New York City, of counsel), for petitioner-appellee.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

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 possession 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.

Reference

Status: Published