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98 F. 86

Docket No. 1,613.

In re Dobson

Illinois Northern District Court

Decided December 1, 1899.)

Illinois Northern District Court · decided 1899-12-01

<p>Bankruptcy — Liens—Voluntary and Involuntary Oases.</p> <p>Bankr. Act 1898, § 67f, providing that liens obtained through legal proceedings against an insolvent debtor, “at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt,” is to be construed as applying to voluntary as well as involuntary cases, inasmuch as section, la, cl. 1, declares that “ ‘a person against whom a petition has been filed’ shall include a person who has filed a voluntary petition.”</p>

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1899-12-01

How this case has been cited

Cited by 12 later decisions — most recently June 1927

2 federal appellate · 6 district · 1 state decisions

701899190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bankruptcy — Liens—Voluntary and Involuntary Oases.

¶2Bankr. Act 1898, § 67f, providing that liens obtained through legal proceedings against an insolvent debtor, “at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt,” is to be construed as applying to voluntary as well as involuntary cases, inasmuch as section, la, cl. 1, declares that “ ‘a person against whom a petition has been filed’ shall include a person who has filed a voluntary petition.”

¶3In Bankruptcy. On demurrer of trustee in bankruptcy to petition of lien creditor.

¶4William (X.Gilbert, for bankrupt.

¶5Gibson Hale, for creditor.

¶6KOHLSAAT, District Judge.

¶7The decision of the question at issue herein depends on the construction to be given to paragraph f of section 67 of the bankruptcy act. I hold that this paragraph must be construed by means of the definitions set forth in section 1 of the act. Para°graph a of section 1 states that “a person against whom a petition is filed” shall include a person who has filed a voluntary petition, and I therefore hold that paragraph f of section 67 includes both classes of petitions. The demurrer of the trustee to the amended petition of Howard is accordingly sustained.

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