Hoerner v. Baker

CLARK, Circuit Judge:

The claimant of personal property appeals from the district court’s affirmance of an order by the Referee in Bankruptcy which denied a petition to *122reclaim personal property under an asserted lien established by a pre-bankruptcy contract between the bankrupt corporation and the claimant. Even though the Referee found that the contracting parties intended to enter into a retained title agreement and despite the fact that the executed document contained sufficient operative words to meet State conditional sale contract requirements, the Referee determined that the unrecorded…