Lewis v. Manufacturers Nat'l Bank,
364 U.S. 603 (1961)

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U.S. Supreme Court

Lewis v. Manufacturers Nat'l Bank, 364 U.S. 603 (1961)

Lewis v. Manufacturers National Bank of Detroit

No. 94

Argued December 15, 1960

Decided January 9, 1961

364 U.S. 603


Petitioner's bankrupt borrowed money from respondent on November 4, 1957, giving as security a chattel mortgage on an automobile, which was not recorded until November 8, 1957. Under the law of the State where the transaction occurred, such a mortgage was void against one who became a creditor of the mortgagor between the time of execution and the time of recordation. Over five months after recordation of the chattel mortgage, the borrower filed a voluntary petition in bankruptcy. He was adjudicated a bankrupt and petitioner was named trustee.

Held: under § 70c of the Bankruptcy Act, the chattel mortgage was not void as against the trustee, since the trustee acquired the status of a creditor as of the time when the petition in bankruptcy was filed. Pp. 364 U. S. 603-610.

275 F.2d 454, affirmed.

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