Opinion

In the Matter of Regal Petroleum Products Company. William E. Chambers, Trustee

413 F.2d 299 · Court of Appeals for the Third Circuit · Jul 3, 1969

Full text

In the Matter of REGAL PETROLEUM PRODUCTS COMPANY. William E. Chambers, Trustee, Appellant

OPINION OF THE COURT PER CURIAM. 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.