AZAR v. MORGAN

No. 19161.

301 F.2d 78 (1962)

George B. AZAR, As Trustee in Bankruptcy of the Estate of W. T. Gibson, Bankrupt, Appellant, v. H. H. MORGAN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1962.


Attorney(s) appearing for the Case

Jack Crenshaw, Montgomery, Ala., for appellant.

Albert W. Copeland, Montgomery, Ala., R. E. L. Cope, Union Springs, Ala., for appellee.

Before HUTCHESON, CAMERON and GEWIN, Circuit Judges.


PER CURIAM.

The suit by appellant as trustee in bankruptcy was to declare as preferential under Section 60 of the Bankruptcy Act [11 U.S.C.A. § 96] payments made to a secured creditor within four months of the filing of an involuntary petition in bankruptcy. There is no question raised as to the validity of the real estate mortgages, appellee's remaining securities. The payments consist of a transfer of certain personal property of the bankrupt to the appellee...

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