In Re Smith

WOOD, District Judge.

On December 8, 1960, petitioner and bankrupts entered into a conditional sales contract in connection with the purchase by the Smiths of certain equipment. On August 28, 1961, the Smiths filed a voluntary petition in bankruptcy and were adjudged bankrupt on that date. No installments had been paid on the conditional sales contract; therefore, the bankrupts are in default to the petitioner in the sum of $8,184.00.

The petitioner attempted to reclaim the equipment covered by the conditional sales contract from the trustee in bankruptcy. The Referee held that the equipment…