Crampton v. Mitchell (In Re Mitchell)

TERRENCE WILLIAM BOYLE, District Judge.

The plaintiff, Guy C. Lee Manufacturing Company, appeals from the decision of the Honorable Thomas M. Moore, United States Bankruptcy Judge, which denied the plaintiff’s petition for an equitable lien on certain properties owned by the bankrupt. For the reasons stated below that portion of the decision is REVERSED.

Judge Moore recited the facts of this case in his Memorandum Opinion, and this court will only briefly recite the facts necessary to its holding. On July 5-6, 1979, the defendant bankrupt Mitchell borrowed money from the plaintiff Guy C. Lee…