GREENBLATT v. UTLEY

No. 14875.

240 F.2d 243 (1956)

Ben GREENBLATT, Appellant, v. Ernest R. UTLEY, trustee in bankruptcy for Moses A. Fleming, a bankrupt, Appellee.

United States Court of Appeals Ninth Circuit.

October 9, 1956.


Attorney(s) appearing for the Case

Wolver & Wolver, Eugene L. Wolver, Los Angeles, Cal., for appellant.

Burke Mathes, Los Angeles, Cal., for appellee.

Before STEPHENS, ORR and FEE, Circuit Judges.


ORR, Circuit Judge.

We decide on this appeal that a transfer by a debtor, within four months of bankruptcy, to a creditor, with knowledge of the debtor's insolvency, made in discharge of a California inchoate mechanic's lien may not be avoided by the trustee as a preference within the meaning of sec. 60, sub. b of the Bankruptcy Act, 11 U.S.C.A. § 96.

The relevant facts are not in dispute and a summary thereof follows: On May 28, 1952 Moses A. Fleming...

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