L. J. Arthur Co. v. Hall (In Re Hall)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether the plaintiff is entitled to reclaim goods in the debtor’s possession which goods are owned by a third party and were subject to a sheriff’s levy instituted by the plaintiff when the debtor illegally removed them from the premises of the third party. We conclude that, because the debtor has no interest himself in those goods, the plaintiff has established that his right to those goods is superior to that of the debtor or trustee and, therefore, the plaintiff is entitled to an order in reclamation.

The facts of the…