Legal Opinion

In Re Spagat

District Court, S.D. New York

Decided August 22, 1933No. 58274PublishedCited by 23 opinions

1Opinion of the Court

PATTERSON, District Judge.

The referee restrained a creditor from taking steps in the state court to enforce orders under which the bankrupt Spagat was adjudged in contempt and fined.

Spagat had executed general assignments for the benefit of creditors in December, 1932. Waldbaum, a creditor, then obtained from the New York Supreme Court an order directing Spagat to show cause why he should not be examined under section 16 of the Debtor and Creditor Law (Consol. Laws N. Y. c. 12). Examinations of this character are authorized under the state law. Spagat did not appear on the return day and an…

2Cases cited5 opinions

  1. Gross v. Irving Trust Co.Supreme Court of the United States · 1933
  2. In re HallDistrict Court, S.D. New York · 1909
  3. In re Louis Neuburger, Inc.Court of Appeals for the Second Circuit · 1917
  4. In re KoronskyCourt of Appeals for the Second Circuit · 1909
  5. People ex rel. Otterstedt v. Sheriff of Kings CountyDistrict Court, E.D. New York · 1913

3Cited by23 opinions

  1. John David v. The Hooker, Ltd Hooker Music, Ltd., Ronald Haffkine, Non-PartyCourt of Appeals for the Ninth Circuit · 1977
  2. Parker v. United StatesCourt of Appeals for the First Circuit · 1946
  3. Thruway Messenger Service, Inc. v. Marini (In Re Marini)United States Bankruptcy Court, E.D. New York · 1983
  4. Dock C-Food Ltd. v. Cherry (In Re Cherry)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. Dumas v. Atwood (In Re Dumas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982

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