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United States
secured creditorslien waiver
Bank v. Chase Nat. Bank
United States National Bank in Johnstown v. Chase National Bank of New York City, 331 U.S. 28 (1947)
Key Principle
A secured creditor in bankruptcy does not automatically waive or forfeit its lien by accepting dividend distributions from the general estate contrary to statutory requirements; whether a waiver occurred turns on the creditor's intent and equitable circumstances, not on mechanical application of the Bankruptcy Act.
Area of Law
General
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