In the Matter of Stephen Leroy Buda, Bankrupt. Thomas P. Hayes, Trustee v. Stephen Leroy Buda

KILEY, Circuit Judge.

Trustee has appealed from an order of the District Court confirming a decision of the Referee, in Bankruptcy denying trustee’s petition for a turnover order.

The bankrupt had a right of action for personal injuries which was not reduced to judgment when the bankruptcy petition was filed. Later, under agreement with the trustee, the personal injury claim was settled, and, after paying bankrupt’s expenses and fees, approximately $500.00 remained. This is the sum sought by the trustee.

Under § 70 of the Bankruptcy Act 1 all property, including rights of action, “which prior to…