Legal Opinion

In Re Gelson

District Court, E.D. New York

Decided December 4, 1935No. 28653PublishedCited by 9 opinions

1Opinion of the Court

BYERS, District Judge.

This is a motion to vacate an ex-parte stay granted to the bankrupt upon her affidavit, enjoining the prosecution of an action pending in the Supreme Court of New York, at the time of the filing of the petition. Adjudication was had on September 9, 1935, and apparently no application for discharge has been made.

The affidavit supporting the stay recited that the said action “is for the recovery of moneys that were paid to your deponent by insurance companies,” i. e., the proceeds of fire insurance policies payable to the bankrupt as mortgagee of premises owned by the…

2Cases cited5 opinions

  1. Flanagan v. PearsonTexas Supreme Court · 1874
  2. In re AdlerCourt of Appeals for the Second Circuit · 1907
  3. In re HavensCourt of Appeals for the Second Circuit · 1921
  4. In Re SchefflerCourt of Appeals for the Second Circuit · 1934
  5. Heffren v. JayneIndiana Supreme Court · 1872

3Cited by9 opinions

  1. Schwalbe v. Gans (In Re Gans)United States Bankruptcy Court, S.D. New York · 1987
  2. In Re: Edward W. Hayes, Debtor. The Andy Warhol Foundation for Visual Arts, Inc. v. Edward W. HayesCourt of Appeals for the Second Circuit · 1999
  3. Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
  4. James Benjamin Hamby, Bankrupt v. St. Paul Mercury Indemnity Company, CreditorCourt of Appeals for the Fourth Circuit · 1954
  5. Matter of BartonDistrict Court, S.D. New York · 1979

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