In re Wagner

GODDARD, District Judge.

An involuntary petition in bankruptcy has been filed by Robert F. Wagner, as receiver of the state court, against the Morea Barber Shops, Inc., and the question arises whether the petitioner is “a creditor” as defined by the Bankruptcy Act. The material facts alleged are as follows:

On January 6, 1932, the Honorable Robert F. Wagner was appointed receiver of the premises known as the Lincoln building on, East 42nd street, this city, and of the rents, issues, and profits thereof, in a mortgage foreclosure action in the Supreme Court of the state of New York, eounty of…