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Taubel-Scott-Kitzmiller Co., Inc. v. Fox, 264 U.S. 426 (1924)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Taubel-Scott-Kitzmiller Co., Inc. v. Fox, 264 U.S. 426 (1924)
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Taubel-Scott-Kitzmiller Co., Inc. v. Fox No. 188 Argued January 22, 23, 1924 Decided April 7, 1924 264 U.S. 426
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Section 67f of the Bankruptcy Act does not invalidate a lien obtained by levy of an execution within the four months preceding the filing of the petition in bankruptcy on which the judgment debtor is adjudged a bankrupt if the debtor was in fact solvent when the levy was made. P. 429.
2. Congress has power to confer upon the bankruptcy court jurisdiction to adjudicate the rights of trustees in bankruptcy to property adversely claimed, even when not in the possession of the bankruptcy court, and may determine to what extent jurisdiction shall be exercised by summary proceedings and to what extent by plenary suit. Pp. 430, 438.
3. But the bankruptcy court has not been given jurisdiction by summary proceedings or otherwise to avoid, under § 67f, a lien created by levy of an execution under a judgment of a state court within four months preceding the filing of the petition in bankruptcy, where the property is in the actual possession of the sheriff and neither he nor the judgment creditor has appeared in or consented to adjudication by the bankruptcy court, and where the claim of the creditor that the bankrupt was not insolvent at the time of judgment and levy is not colorable, but substantially supported. Id.
4. Section 67f, in providing that the bankruptcy court may order that a lien void as against the trustee shall be preserved for the benefit of the estate, does not confer by implication jurisdiction to determine whether the lien is void, but grants substantive rights effected by means of subrogation. P. 435.
286 F. 351 reversed.
Certiorari to a judgment of the circuit court of appeals reversing, on petition to revise, an order of the district court in bankruptcy which stayed a summary proceeding before the referee brought by trustees in bankruptcy for the purpose of having an execution declared void and to obtain possession of property upon which it had been levied.
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Chicago: U.S. Supreme Court, "Syllabus," Taubel-Scott-Kitzmiller Co., Inc. v. Fox, 264 U.S. 426 (1924) in 264 U.S. 426 264 U.S. 427. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TY9C7D9XE4K3TMY.
MLA: U.S. Supreme Court. "Syllabus." Taubel-Scott-Kitzmiller Co., Inc. v. Fox, 264 U.S. 426 (1924), in 264 U.S. 426, page 264 U.S. 427. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TY9C7D9XE4K3TMY.
Harvard: U.S. Supreme Court, 'Syllabus' in Taubel-Scott-Kitzmiller Co., Inc. v. Fox, 264 U.S. 426 (1924). cited in 1924, 264 U.S. 426, pp.264 U.S. 427. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TY9C7D9XE4K3TMY.
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