Legal Opinion
In re Miracle Mart, Inc.
District Court, S.D. New York
Decided August 6, 1968No. 66 B 958PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
MOTLEY, District Judge.
This is a petition by the debtor, Miracle Mart, Inc., to review an order of the referee, Asa S. Herzog, which held that the Bankruptcy Court lacked summary jurisdiction to determine the debtor’s rights to $22,475.00 set off by Franklin National Bank. Affirmed.
On December 10, 1966, Miracle Mart, Inc. had on deposit with Federation Bank and Trust Company (“Federation”) the sum of $22,475.00. On that day, two creditors of the debtor served warrants of attachment against the bank account.
Three days later, Miracle Mart, Inc. filed a petition for an…
2Cases cited11 opinions
- Cline v. KaplanSupreme Court of the United States · 1944
- MacDonald v. Plymouth County Trust Co.Supreme Court of the United States · 1932
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- In Re EakinCourt of Appeals for the Second Circuit · 1946
- In re Midtown Contracting Co.Court of Appeals for the Second Circuit · 1917
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3Cited by3 opinions
- Liman v. United Kingdom Mutual Steamship Assurance Ass'nDistrict Court, S.D. New York · 1969
- Gillman v. Blue Cross & Blue Shield of Greater New YorkDistrict Court, S.D. New York · 1979
- In Re Herz Importing Corp.District Court, S.D. New York · 1972