Legal Opinion

Matter of Tinsley

District Court, M.D. Georgia

Decided October 29, 1976No. Bankruptcy 75-83-AthPublishedCited by 7 opinions

1Opinion of the Court

OWENS, District Judge:

The question in this bankruptcy appeal is whether under Georgia law a creditor who records an execution on his superior court judgment against the bankrupt after it is affirmed on appeal acquires a lien as of the date of the trial court judgment or as of the date of its filing for recording. The problem arises because section 67(a)(1) 1 of the Bankruptcy Act makes “null and void every lien . . . obtained by attachment, judgment, levy, or other legal or equitable process or proceedings within four months before the filing of a petition” initiating bankruptcy proceedings…

2Cases cited3 opinions

  1. Griffith v. PoseySupreme Court of Georgia · 1896
  2. Watkins v. AngierSupreme Court of Georgia · 1896
  3. Crosby v. King Hardware Co.Supreme Court of Georgia · 1899

3Cited by7 opinions

  1. In the Matter of the Apprehension of David LawaetzCourt of Appeals for the Third Circuit · 1984
  2. McKenna v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 1986
  3. Andrews v. Adcock (In re Andrews)United States Bankruptcy Court, N.D. Georgia · 2013
  4. Levine v. Weyer (In Re DotMD, LLC)District Court, N.D. Georgia · 2003
  5. Kelley v. First Cmty. Bank (In re Brownlee)United States Bankruptcy Court, M.D. Georgia · 2018

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