CRYSTAL LAUNDRY, INC. v. CONTINENTAL FINANCE & LOAN CO.

37126.

97 Ga. App. 823 (1958)

104 S.E.2d 654

CRYSTAL LAUNDRY & CLEANERS, INC. v. CONTINENTAL FINANCE & LOAN COMPANY.

Court of Appeals of Georgia.

Rehearing Denied July 8, 1958.


Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, Thomas C. Shelton, James R. McLain, Jr., James A. Bagwell, for plaintiff in error.

Joel J. Fryer, contra.

Moise, Post & Gardner, J. William Gibson, for parties at interest not parties to record.


FELTON, Chief Judge.

1. It was not error for the court to subject to the finance company's lien so much of the debtor's earnings in the hands of the garnishee as were earned prior to the debtor's adjudication as a bankrupt. A lien obtained within four months of adjudication of bankruptcy is voidable only at the instance of a trustee in bankruptcy. Since the debtor could under no circumstances be entitled to such funds if not claimed as an exemption, it is no concern...

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