United States v. McGugin

U.S. Court of Appeals for the Ninth Circuit
United States v. McGugin, 423 F.2d 718 (9th Cir. 1970)
25 A.F.T.R.2d (RIA) 804; 1970 U.S. App. LEXIS 10800

United States v. McGugin

Opinion of the Court

PER CURIAM:

The only substantial question presented is whether the proviso in section 17a (1) of the Bankruptcy Act, 11 U.S.C. § 35(a), preserves a pre-bankruptcy tax lien as to assets acquired after bankruptcy. The three district courts which have considered this question have answered it in the negative. In re Carlson, 292 F.Supp. 778 (C.D.Calif. 1968); In re Braund, 289 F.Supp. 604 (C.D.Calif. 1968); United States v. Sanabria (N.D.Ill., June 21, 1968) (Unreported) (Appeal pending in the Court of Appeals for the Seventh Circuit, No. 17,145). See also Marsh, Triumph or Tragedy? The Bankruptcy Amendments of 1966, 42 Wash.L.Rev. 681 (1967); Note, 14 Vill.L.Rev. 323, 326 (1969).

*719There are substantial arguments on both sides, but we have concluded that on balance the result reached in these decisions is the better one.

Affirmed.

Reference

Full Case Name
In the Matters of Walter R. BRAUND and Virginia M. Braund, Bankrupts. UNITED STATES of America v. William A. McGUGIN
Cited By
24 cases
Status
Published