Sampsell

On first hearing of this appeal, 189 F.2d 379 , we concluded that the bankrupts, Curtiss Straub and his wife Miriam, were entitled to have their California residence set aside from the bankrupt estate as exempt homestead property although their declaration of homestead had not been recorded as required to become effective under California law until after bankruptcy adjudication. Recognizing that Section 70, sub. c of the Bankruptcy Act arms the trustee “as to all property of the bankrupt at the date of bankruptcy * * * ” with “all the rights, remedies, and powers of a creditor then holding a lien thereon by legal or equitable proceedings”, we were not persuaded that under California law there is any such creditor as Section 70, sub. c describes whose lien would prevail over a subsequent recordation of a homestead claim. In this connection it was urged that the lien which California law gives a judgment creditor who voluntarily records an abstract of a judgment does prevail over a subsequently recorded homestead claim. The parties agree that such is the law of California. Schuler-Knox Co. v. Smith, 1943, 62 Cal.App.2d 86 , 144 P.2d 47 . But we were not persuaded that a lien…