Silberman-Becker Corp. v. Hummel

ALSCHULER, Circuit Judge.

Appellant secured judgment against bankrupt March 23, 1931. Execution being returned nulla bona,' garnishment was sued out, writ served March 28, 1931, and garnishee’s answer filed April 3. At this stage petition in bankruptcy against the judgment debtor was filed September 15,1931.

The bankrupt and the trustee in bankruptcy, nontending that the garnishment created no lien under the law of Illinois, petitioned the court to restrain further proceedings in the garnishment suit, insisting that the bankrupt estate, and not the garnishor, was entitled to whatever, if…