MATTER OF RAMCO AMERICAN INTERN., INC.

Nos. 84-5391, 84-5791.

754 F.2d 130 (1985)

Re: In the Matter of: RAMCO AMERICAN INTERNATIONAL, INC., a Corporation of the State of Delaware, Debtor-in-Possession Appeal of PAN-AMERICAN WORLD AIRWAYS, INC., Judgment creditor.

United States Court of Appeals, Third Circuit.

Decided February 4, 1985.

As Amended February 7, 1985.


Attorney(s) appearing for the Case

Walter J. Greenhalgh (argued), Sheldon Schachter, Kleinberg, Moroney, Masterson & Schachter, Millburn, N.J., for Ramco American Intern., Inc., and Ramco Intern., Inc.

Ronald M. Sturtz (argued), Jane Y.C. Mathews, Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P.A., Newark, N.J., for Marine Midland Bank, N.A., Ramco American Intern., Inc., and Ramco Intern., Inc.

S. David Oliner (argued), Oliner & Oliner, New York City, for appellant.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and KELLY, District Judge.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

The issue in this case is whether, for purposes of section 547 of the Bankruptcy Code, 11 U.S.C. § 547 (1982), a transfer is perfected as of the date of delivery of the writ of execution to the United States Marshal, who subsequently levies on the debtor's property, or on the actual date of the levy. Because we hold that the district court erred in finding that the transfer was perfected as of the...

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