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286 F. 620

In re Schapiro

Maryland District Court

Decided January 8, 1923.)

Maryland District Court · decided 1923-01-08

<p>Bankruptcy <©=>!91(1) — Levy of distraint warrant after bankruptcy does not create lien.</p> <p>Distraint warrant issued before bankruptcy, but not levied until afterward, helé not. to create a lien.</p> <p><§E3?For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>

Cited by 3 later decisions — most recently June 1933

1 federal appellate · 1 district · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1923-01-08

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¶1Bankruptcy <©=>!91(1) — Levy of distraint warrant after bankruptcy does not create lien.

¶2Distraint warrant issued before bankruptcy, but not levied until afterward, helé not. to create a lien.

¶3<§E3?For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes

¶4In Bankruptcy. In the matter of Henry Schapiro, bankrupt. Order denying lien by levy of distraint warrant.

¶5George O. Blome, of Baltimore, Md., for petitioner.

¶6Baldwin & Sappington, of Baltimore, Md., for trustee.

¶7ROSE, Circuit Judge.

¶8The question presented is whether a distraint, the warrant for which was issued before the filing of the petition in bankruptcy, but which was not levied until afterwards, constitutes any lien upon the property. The question is really answered by In re Chaudron & Peyton (D. C.) 180 Fed. 841. The distraint, being the act of the landlord, does not affect anything until it is actually levied, and so soon as the petition in bankruptcy is filed, the right to distrain is ended.

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