Barrington M. Hamilton, aka Jaame Amun Re El v. United States
Securities
Does the accepted governing statutory law Title 44 USC § 594 authorize trespass or conversion against discharged property according to its ministerial language and operation?
QUESTION(S) PRESENTED .@ Dees the accepted governing statutory law Title 44 UScs $594 authorize O trespass y SS , a“ Of Conversion ogainst discharged property accarding to its ministerial language and operation P Ans. No. The‘lanquage’found in Tle 44 usc6 $594c0X A says “(a A discharge in a case Under this title C44 u$c8$4104 et seq.] (a) operates as an injunction against the. commencement oF continuation a an action, the employment of process, or an oct,to collect, recover or offset any Such debt as a personal liability of the debtor, whether or not discharge Of Such debt is Waiveds” Ref. SLED 15H, 5 PETERS 359... the 5” section of the Act of Congress for the nalict of the insolvent debtors declares “that no process against real or fersonal Property of the debtor shall have ony effect or operation, |xcept process of eeaution and @htachment in the nature of execution, which shall have been put into the hands of the mershol antecedent to his opplioation. The application _of this clause in the Sechon was inkended only fora case where one creditor sought to olotain a preference Wy Process against the deltors p ater his appl ication. In Such Case, the exeaution shall have. no effect or operation; but where the incumberance Or lien had attached bekore the Qppli cation, it had oa priority of payment ovt of the assigned fond” @ARE (GSA) General Service Administrati ation Bova Fe SF28, SFATZ, SFA and SFaBS classified as legal tender of the Une Stotes? , 2 , Ans Yes @ Ane you familiar with case low regarding Special deposity/ Bond deposits’ helpful in this mathec E Ang. Yes. Ke National Bank V Graham (1880) 100 US 679, 10 Otto (49,10 Oto 099, a5 L.Ed 180. “National bankas part of its legitimate business, may fecelve special deposits, including bends oF United States.” Ref American Sugar Refining Co. ¥. Anderson (1939, CAG Ky) 107 F.ad 948 Deposits are usually presumed to be general, and those claiming to have made special deposit must prove depasit +o be trust, that it augmented banks Funds, or that it can be traced into Possession of receiver, all doubts being resolved against special interests or preferred claims” Ref. B3LED 126,307 US 47 GUARANTY TRUST CO. V. HENWOOD, ... Payment,8 6..." multiple Currency ytd ving the holders of the bonds... determinable under the laws of the United States, are, q igations * Payable in money of the United States “within the Joint Resolution June 5? “ Bony walidating xa coin clauses and providing that every obligation shall be discharged . payment, dollar for doliar,lo any coln or currenc +4 ment '8 legal tender for public and private debts” ° Y which ab the te oF oy