In re Goldberg
District Court, E.D. Pennsylvania
In Bankruptcy. In the matter of Philip Goldberg,'bankrupt. The petition of Harry Berman was granted by the referee. Upon certificate of review.
1Opinion of the Court
THOMPSON, District Judge.
The opinion and order of the referee are as follows:
The question submitted, to ma for decision by the petition of Harry Berman and the trustee’s answer thereto is as follows: *
Where a judgment creditor issues execution out of the state court and levies on personal property of the defendant, who, pending the sale under the said execution, has a petition in bankruptcy filed against him, and who subsequently fails or refuses to file any claim for exempt property, is the levying judgment creditor deprived of the lien of his execution, and hence of the right to receive…
2Cases cited2 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
3Cited by3 opinions
- Ellis v. FiskeNorth Dakota Supreme Court · 1930
- Ellis v. FiskeNorth Dakota Supreme Court · 1930
- In re AnostosDistrict Court, W.D. Pennsylvania · 1922