Legal Opinion

In re Kerby-Denis Co.

District Court, E.D. Wisconsin

Decided May 13, 1899PublishedCited by 6 opinions

In Bankruptcy. On review of an order of tbe referee in bankruptcy directing the payment pro rata of certain labor claims against the estate of the bankrupt, and denying priority of payment to such of the said claims as were secured by a lien created and perfected according to the statutes of the state.

1Opinion of the Court

SEAMAN, District Judge.

The question certified by the referee is, in effect, whether the lien given by the state statute remains operative after the intervention of proceedings in bankruptcy. Its solution depends upon a sound construction of the existing bankruptcy enactment, without regard to any seeming hardship or inequality in the circumstances of the instant case. All the claims covered by the order of the referee are for labor performed within the time and for amounts entitled to priority as directed by section 64 of the act (30 Stat. 563), “and to be paid in full out of bankrupt…

2Cases cited1 opinion

  1. In re BrunquestDistrict Court, E.D. Wisconsin · 1876

3Cited by6 opinions

  1. In re Kerby-Dennis Co.Court of Appeals for the Seventh Circuit · 1899
  2. Holland v. CunliffMissouri Court of Appeals · 1902
  3. In re BennettCourt of Appeals for the Sixth Circuit · 1907
  4. In re EmslieDistrict Court, S.D. New York · 1900
  5. In re EmslieDistrict Court, S.D. New York · 1899

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