Levine v. Levine

In proceedings supplementary to judgment, the judgment debtor moved to vacate a subpoena served upon him for his examination upon the ground that the obligation referred to in the subpoena had been discharged in bankruptcy and for an order adjudging that the obligation referred to in the subpoena was discharged in bankruptcy. The holding by Special Term, in confirming the report of the official referee, was that there was a trust relationship between the debtor and the creditor within the meaning of section 17, subdivision a, clause (4), of the Bankruptcy Act. That clause applies only to…