In Re Smith

OPINION

WIDENER, District Judge.

This matter is here on the petition for review of Commercial Credit Corporation, a creditor of Larry Eugene Smith, bankrupt. The creditor is aggrieved by a ruling of the Referee rejecting its petition for reclamation of security. The mobile home in question has been sold with the proceeds held by the court, so the question is over the right to the fund so held.

The Referee held that the Trustee of the bankrupt, pursuant to Section 70, Bankruptcy Act, 11 U.S.C. 110, was entitled to the fund free of the creditor’s West Virginia lien because the lien was not…