Legal Opinion
In re Schapiro
District Court, D. Maryland
Decided January 8, 1923PublishedCited by 3 opinions
In Bankruptcy. In the matter of Henry Schapiro, bankrupt. Order denying lien by levy of distraint warrant.
1Opinion of the Court
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.
2Cases cited1 opinion
- In re ChaudronDistrict Court, D. Maryland · 1910
3Cited by3 opinions
- Winter v. HindinSuperior Court of Delaware · 1926
- Irving Trust Co. v. BurkeCourt of Appeals for the Fourth Circuit · 1933
- Everlasting Valve Co. v. SchillerDistrict Court, E.D. Pennsylvania · 1927