In the Matter of REGAL PETROLEUM PRODUCTS COMPANY. William E. Chambers, Trustee, Appellant
17525_1.
Court of Appeals for the Third Circuit.
Jul 3, 1969.
413 F.2d 299
Lewis H. Gold, Adelman & Lavine, Philadelphia, Pa., for appellant (Sidney Chait, Philadelphia, Pa., on the brief)., Alexander N. Rubin, Fell, Spalding, Goff & Rubin, Philadelphia, Pa., for ap-pellee (Larrick B. Stapleton, Philadelphia, Pa., on the brief).
McLaughlin, Kalodner, Van Dusen.
Cited by 5 opinions | Published
OPINION OF THE COURT
We agree with Judge Kraft in the District Court, 287 F.Supp. 458, that in this case the Commonwealth of Pennsylvania has a valid statutory lien claim in the amount of $849.46 for its corporate taxes under Pennsylvania law. We also agree that since that lien has never been accompanied by possession of the personal property to which the lien applied, it shall be postponed in payment to the debts specified in clauses (1) and (2) of subsection (a) of section 64 of the Bankruptcy Act, 11 U.S.C.A. § 104(a).
The judgment of the District Court will be affirmed.