Legal Opinion

In re VARRATOS

District Court, S.D. New York

Decided December 11, 1957PublishedCited by 2 opinions

1Opinion of the Court

THOMAS F. MURPHY, District Judge.

This is a petition to review an order of Referee Stephenson adjudging void two chattel mortgages that were each filed seven days after execution, on the ground that they were not filed within a reasonable time.

It is undisputed that both chattel mortgages were filed within seven days of their execution, to wit, May 10,1955, and July 18, 1956. The voluntary petition in bankruptcy was filed on July 2,1957. No proof was offered whether or not a creditor came into existence during either seven day period between execution and filing.

Although opportunity was…

2Cases cited2 opinions

  1. Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
  2. Reconstruction Finance Corp. v. WeinerCourt of Appeals for the Second Circuit · 1951

3Cited by2 opinions

  1. In re League Bookbinding Co.District Court, S.D. New York · 1964
  2. In the Matter of Raymond Service, Inc., Bankrupt. Helen Fishman v. Frank A. Margiotta, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1965

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