McMullen v. Zabawski

TUTTLE, District Judge.

This is a motion to dismiss the bill of complaint, which bill was filed by Jay E. McMullen, trustee in bankruptcy of the estate of the defendant Bernard Zabawski, against the said bankrupt and his wife, defendant Stella Zabawski, to set aside an alleged fraudulent transfer of property by said bankrupt. The bill is filed pursuant to the authority vested in such trustee by section 70e of the Bankruptcy Act (Comp. St. § 9654), which provides as follows:

“The trustee may avoid any transfer by tbe bankrupt of his property which any creditor of such bankrupt might have…