...doctrine of custodia legis (which is not to be confused with the status of the property here at issue as in custodia legis ). Under that doctrine, the court that first obtains custody of property is...). Absent an applicable exception, the custodia legis doctrine would require this court to defer to the Los Angeles County Superior Court to determine the distribution of the funds here at issue....          However, the custodia legis doctrine does not apply where the property at issue becomes part of a bankruptcy estate because of the filing of...

...same for any state court jurist.          Further, the court must consider the doctrine of custodia legis (which is not to be confused with the status of the property here at issue as in custodia legis ). Under that doctrine, the...Morgan Guaranty Trust Co. v. Hellenic Lines Ltd., 585 F.Supp. 1227, 1229 (S.D.N.Y.1984). Absent an applicable exception, the custodia legis doctrine would....          However, the custodia legis doctrine does not apply where the property at issue becomes part of a bankruptcy estate because of the filing of a chapter 11 bankruptcy case...

...Lottawana, supra; Bucher v. Vance, supra. 28 U.S.C. § 2041. Plaintiff/Garnishor contends, however, that the in custodia legis doctrine is inapplicable here because the...for entry of a $250.00 judgment on the cost bond therein. Therefore, it is not the case that there is no purpose in retaining that cost bond in custodia legis. The purpose for its deposit has not been accomplished. In such a situation where there is an ongoing governmental or judicial purpose in the retention and disposition of the cost bond, not only is the Bankers Mortgage exception to the in custodia legis doctrine inapplicable...federal court are held in custodia legis, and are not subject to garnishment, for to require a clerk of the court to respond in...

...VOYAGER asserting a maritime lien for unpaid insurance premiums or, in the alternative, an administrative claim and right of priority payment under the doctrine of custodia legis. The Plaintiff...-arrest insurance under the doctrine of in custodia legis, because the vessel's arrest was actual, notice of arrest was published, and Steamship did not obtain permission from the court to...provided before the vessel's arrest. We reject the first argument for two reasons: (1) Steamship is not entitled, under the doctrine of custodia legis, to equitable...

...a single issue: Does the doctrine of custodia legis preclude a circuit court from acting on a petition to foreclose a mortgage on certain real property when a petition to foreclose the equity...the property's disposition in the mortgage foreclosure action filed by appellee. Appellant, however, has misconstrued the doctrine of custodia legis and has erroneously equated it with the.... The decisions interpreting the tax sale statute and the doctrine of custodia legis provide no support for appellant's contention. Appellant urges, on the...

.... Real Estate — Action to quiet title — Tax sale — Practice — Garnishment — Public officials as garnishees — Doctrine of custodia legis — Doctrine not applicable...amenable to execution by the judgment creditor. 4. Generally, under the doctrine of custodia legis, funds in the hands of the Commonwealth or its political subdivisions, owing to...owed and those claiming a right therein by garnishment. 5. The doctrine of custodia legis is not applicable when the purpose for which the property is held has been achieved. 6. In cases where property or money is held by the Commonwealth, one of its subdivisions, or an agency thereof, and simply awaits distribution to a judgment debtor, the doctrine of...

...assert the in custodia legis doctrine to challenge the district court's jurisdiction to seize HLF's forfeitable assets. This doctrine dictates that, where “a court of competent jurisdiction...legis doctrine, that argument would be precluded by the terms of the criminal forfeiture statute. The relevant provision, 21 U.S.C. § 853( l ), states...legis doctrine does not preclude the district court's in personam jurisdiction over HLF. IV. CONCLUSION The Rubins have failed to...

.... D. Custodia Legis Doctrine As an alternative ground for denying the Levy Motion, the bankruptcy court...cited the doctrine of in custodia legis, stating that the subject funds were not subject to levy because they were within the bankruptcy court's custody and control. See App. at 188-89...the interests of the bankruptcy estate are served. Id. at 1025-26. While property is in custodia legis, it is not subject to levy or attachment in any form. See Cox v. Cox, 356 F.3d 76, 93 n. 16 (1st Cir. 2004). However, once the case is dismissed and the automatic stay is terminated, the property of the estate revests in the debtor and the doctrine of...

...propriety of applying the in custodia legis doctrine to marital property in a divorce proceeding. 429 Pa. Super. at 569-70..., 633 A.2d at 169. This is not to say that the in custodia legis doctrine categorically does not apply to marital property in divorce...Supreme would apply the doctrine of in custodia legis to marital property in a divorce proceeding. In the absence of a reported decision by the Supreme Court of Pennsylvania, a federal court...

...-64 (2d Cir. 1962) (United States need not consent to be defended in an action). The district court nonetheless reasoned that the custodia legis doctrine prohibited...attachment of funds in the Clerk's custody, but that doctrine is also not applicable to these facts. The custodia legis doctrine bars any attachment of funds in a court's registry that would prevent...obtain admiralty jurisdiction. The Lottawanna has been cited in reference to the custodia legis doctrine on only a few occasions...

...saying in a case of arrest without a warrant that if a warrant had been sought, it would have been issued. The reasons for the doctrine of in custodia legis in bankruptcy matters would be undermined if this patchwork procedure were condoned. B. THE EFFECT OF THE DOCTRINE OF...IN CUSTODIA LEGIS IN THE BANKRUPTCY ACT. The District Director relied on Regulation 301.6331-1(a)(3) as having statutory effect superior to the common law in custodia legis doctrine. He... has been denominated a common law doctrine of custodia legis. By thus treating in custodia legis as an exclusively common law doctrine and...

... custodia legis as part of an equitable distribution proceeding. Easton raises three issues: whether the trial court erroneously stayed the sheriff's sale by improperly applying the doctrine of.... Keller v. Re/Max Centre Realty, 719 A.2d 369 (Pa.Super. 1998). On appeal, Easton first argues that the doctrine of in custodia legis does not apply to real estate that is scheduled for sheriff's sale in accordance with the MCTLA because the reason justifying the doctrine — preventing...sale based on the doctrine of in custodia legis. Unlike the case in Lahr, in which there was a tax sale of an incompetent's property and no third party disputing that sale, here there are...

...several grounds, including that the doctrine of "in custodia legis" (which we define and discuss below) applies to preclude O'Connor's effort to attach the assets of Hyrad, including the proceeds from the...to Boardman Law Firm. Because we conclude that the doctrine of in custodia legis applies here in favor of Nelson and Hyrad and that this is a dispositive conclusion, we confine our discussion to that topic and to O'Connor's arguments that the doctrine does...address every issue raised by the parties when one issue is dispositive."). ¶10 The parties appear to agree that whether the doctrine of in custodia legis applies to undisputed facts is a legal question that we review de novo, and we will follow their lead. ¶11 In custodia legis, meaning "in the custody of the law," BLACK'S LAW DICTIONARY 885 (10th ed. 2014), is a common law doctrine that...

...Gen. Elec. Credit & Leasing Corp. v. Drill Ship Mission Expl., 668 F.2d 811, 816 (5th Cir. 1982)). Custodia legis expenses are entitled to priority over all lien claims “when the dictates of equity and good conscience so require.” Dresdner Nat'l Bank AG v. M/V Olympia Voyager, 465 F.3d 1267, 1272 (11th Cir. 2006). The Eleventh Circuit has explained that the underlying policy of the custodia legis doctrine is...determining the reasonable value of custodia legis expenses, the Court has “broad equitable powers . . . to ensure that justice is served.” Julien, 2010 WL 11647170, at * 5 (citations omitted). Having fully considered the record, the underlying policy of the custodia legis doctrine, and...expenses of sale and will be taxed as costs of custodia legis against the proceeds of the sale.” Id. at ¶ 7. Again, Intervening Plaintiff did not object to or otherwise dispute the...

.... This court has generally recognized and approved of the doctrine of custodia legis. In the early case of Hill v. La Crosse and Milwaukee R. Co...." Id. at page 145. Plaintiffs urge that the rule of exemption from garnishment based on the theory of custodia legis embodied in sec. 267.18 (3), Stats., should not be applied to a situation where, as here, the officer has already been ordered by the court to make distribution to the principal defendant. They point out that the reason for the common-law custodia legis doctrine of...custodia legis and are not subject to garnishment. In Wisconsin this...

.... 618, 622 (5th Cir. 1922)) ("In other contexts, such as the collection of seamen's wages, we have applied the custodia legis doctrine to...is more akin to a change in management. There are a number of references to "custodia legis" in Dresdner. However, I am...reluctant to infer any tacit principle of law from the use of this term. The phrase "in custodia legis" literally means "in the custody of the law" and, without more, does not connote any legally...

...Court's review: (1) whether sovereign immunity and/or the doctrine of custodia legis would be frustrated by permitting a judgment creditor to attach or garnish unclaimed funds held by Treasury; and (2) whether the facts of this case represent an exception to sovereign immunity and the doctrine of...custodia legis. Lepre Br. at 5. Treasury's "Counterstatement of the Questions Involved," specifies the following issues: (1) whether Lepre's action is barred by collateral estoppel; (2) whether the trial court properly held that Lepre failed to establish an exception to sovereign immunity; and (3) whether the doctrine of...immunity and the doctrine of custodia legis; the trial court lacks...

...line rule that the filing of a divorce wherein equitable distribution is requested automatically places all marital property in custodia legis, thus insulating it from claims of creditors' is somewhat weakened." 152 B.R. at 53. I disagreed with that observation then and find no basis to conclude otherwise today since neither the Pennsylvania Supreme or Superior Courts have, notwithstanding the passage of almost seven years, repudiated that doctrine. Indeed...proceeding. Relying on the doctrine of custodia legis, the Superior Court reversed the trial court's order validating the judgment lien, noting that the request effectively reduced the wife's...International, Inc., 710 A.2d 1187 (Pa. Super 1997) (dissenting judge would apply the custodia legis doctrine until the order was fully performed...

...his finding on the in custodia legis doctrine, which preclude the attachment of a lien to vessels in the custody of a court. The Commissioner recognized that the rule is subject to a number of....         It is clear that not only must custodial courts be deemed capable of creating liens, but that the in custodia legis doctrine has never...

...custodia legis and therefore immune from the sequestration order entered by this Court. The doctrine of custodia legis has long been recognized in Delaware as creating an immunity to the seizure of property being administered in a decedent's estate by a Delaware executor. See, e.g. Marvel v. Houston, 2 Del. 349 (1838). The doctrine is...that the potential applicability of the custodia legis doctrine in the instant case depends on whether the situs of the stock is the United States...") registered in the name of the Estate. The Estate advances four grounds for the invalidity of the sequestration order: (1) The shares of stock which this Court ordered sequestered are in custodia...