Fada of New York, Inc. v. Organization Service Co.

This is an appeal from an order denying the bankrupt’s motion, made under Rule 12(b) (2), Federal Rules of Civil Pro cedure, 28 U.S.C.A. following sections 723c, to dismiss an involuntary petition against it for lack of jurisdiction. The question is whether the bankruptcy court for the Southern District of New York had jurisdiction over the petition under § 2 sub. a(l) of the Bankruptcy Act, 11 U.S.C.A. § 11, sub. a(l). The facts are as follows. The bankrupt, a corporation organized under the laws of New Jersey, made an assignment for the benefit of creditors in New York on February 19, 1941.…