United States v. Marxen, 307 U.S. 200 (1939)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 307 U.S. 183, click here.

United States v. Marxen

No. 544

Argued March 28, 1939
Decided May 15, 1939
307 U.S. 200

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

R.S. § 3466, giving to the United States priority in payment of debts due to it by any person who is insolvent, is inapplicable to a general claim in bankruptcy which was transferred to the United States, or to which it became subrogated, after the filing of the petition in bankruptcy. P. 207.

So held as to a claim -- assumed to be a claim of the United States -- upon a note assigned to the United States by a bank after the filing of a petition in bankruptcy by the maker. The note was covered by a policy of insurance issued to the bank under the National Housing Act; the maker had defaulted, and the balance due was paid to the bank by U.S. Treasury check subsequently to the filing of the petition in bankruptcy.

Question certified by the Circuit Court of Appeals upon an appeal from an order of the District Court, 24 F.Supp. 463, which confirmed and approved an order of the referee in bankruptcy denying priority to a claim.