In re Shiebler

Citations

• 165 F. 363
• 1908 U.S. Dist. LEXIS 166

Syllabus

<p>1. Bankruptcy (§ 328*) — Crams—Effect of Sijkkbmukr of Preference.</p> <p>A claim against the estate of a bankrupt duly proved within the year allowed by Bankr. Act 1,898, c. 541, § 57n, 30 Stat. 5G1 (U. S. Comp. St. 1901. p. 3441), may be increased after the expiration of that time where made necessary by a requirement that ihe creditor shall return preferences received as a condition to its allowance.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 328.*]</p> <p>2. Bankruptcy (§ 184*) — Eiens—Vauidity—Noimnis» Ciiatthu Mortgages.</p> <p>Under Daws N. Y. 1897, p. 536, e. 418, § 90, which as construed by the highest court of the state makes a chattel mortgage void as against general creditors unless filed as therein required, such a mortgage given by a bankrupt within four months prior to his bankruptcy, and when insolvent and known to be so by the creditor, and which was not filed until move than three months thereafter, is void as against, the creditors in bankruptcy, either prior or subsequent, although it was taken for a present consideration and was valid when given.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Gent. Dig. § 276; Dee. Dig. § 184.*]</p>