In re Sims
District Court, S.D. New York
In the matter of bankruptcy proceedings against one Sims. Application for vacation of a stay of proceedings in the state court by Batjer & Co. This is an application to vacate the usual stay against the bankrupt’s creditors.
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In the matter of bankruptcy proceedings against one Sims. Application for vacation of a stay of proceedings in the state court by Batjer & Co. This is an application to vacate the usual stay against the bankrupt’s creditors. The bankrupt was adjudicated upon his own petition, filed on December 20, 1909. More than 11 years previous to this the creditors had obtained a judgment against him in the state court on October 12, 1898, for $723.40. On October 7, 1908, the creditors obtained an execution under section 1391 c.r the New York state Code, by virtue of which they were .entitled to collect…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The stay will, of course, be vacated, so as to permit the creditors to move the state court to punish the bankrupt for any contempt committed prior to December 20, 1909. In addition, .the stay will be vacated so as to permit the creditors to proceed in the state court to collect any part of the bankrupt’s salary which fell due prior to December 20, 1909. In re Driggs (D. C.) 171 Fed. 897; Ex parte Raymond (D. C.) 171 Fed. 897. For this purpose his salary for December may be regarded as apportioned. While in the case at bar, the levy is not against exempt…
2Cases cited1 opinion
- In re DriggsDistrict Court, S.D. New York · 1909
3Cited by16 opinions
- In Re RiddervoldCourt of Appeals for the Second Circuit · 1981
- In Re WeatherspoonUnited States Bankruptcy Court, N.D. Illinois · 1989
- Malone v. Fidelity National Bank (In Re Dunn)United States Bankruptcy Court, M.D. Louisiana · 1985
- Riddervold v. Saratoga HospitalCourt of Appeals for the Second Circuit · 1981
- Schlossberg v. Finance America Corp. (In Re Krumpe)United States Bankruptcy Court, D. Maryland · 1986
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