In the Matter of League Bookbinding Co. Inc., Bankrupt

MARSHALL, Circuit Judge.

This is an appeal from Judge Wein-feld’s affirmance, reported at 226 F.Supp. 775 (S.D.N.Y.1964), of an order of the Referee in Bankruptcy, voiding a chattel mortgage at the instance of the trustee in bankruptcy.

A chattel mortgage can be voided by the trustee under section 70, sub. c of the Bankruptcy Act, 1 when, according to applicable state law, here New York law, there is a creditor who has a claim that is superior to the chattel mortgage. The chattel mortgage on the bankrupt’s property was executed and delivered on April 27, 1959 but was not filed until July 6,…