BANKRUPTCY - RIGHTS OF TRUSTEE AS AGAINST MORTGAGEE UNDER MORTGAGE CONTAINING AFTER-ACQUIRED PROPERTY CLAUSE

Authors

Charles D. Johnson, University of Michigan Law SchoolFollow

Abstract

A mortgage, containing an after-acquired property clause which described specifically many kinds of property which should pass under it when acquired, was given to bondholders as part of a refunding mortgage. Several mortgages were subsequently executed to the mortgagees covering some of the after-acquired property. After the intervention of bankruptcy a dispute arose between the mortgagees and the trustee over the right to possession of certain property not covered by the later mortgages and in the possession of the bankrupt at the time of the adjudication. Held, under section 47a(2) of the Bankruptcy Act, the trustee takes the property as against the mortgagee. In re National Cottonseed Products Corp., (D. C. Tenn. 1940) 34 F. Supp. 438.

Recommended Citation

Charles D. Johnson, BANKRUPTCY - RIGHTS OF TRUSTEE AS AGAINST MORTGAGEE UNDER MORTGAGE CONTAINING AFTER-ACQUIRED PROPERTY CLAUSE, 39 Mich. L. Rev. 1013 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss6/11