Legal Opinion
Leber-Krebs, Inc. v. Capitol Records
Court of Appeals for the Second Circuit
Decided December 23, 1985No. 109, Docket 85-7245PublishedCited by 28 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
Ordinarily, after a plaintiff obtains an ex parte attachment order against a debtor’s property it attempts to garnish assets of the debtor in the hands of a third party. This appeal presents the vexing problem that arises when a plaintiff claims that its rights to enforce a judgment against the debtor were lost because the garnishee falsely denied holding any of the debtor’s property. As a result, when plaintiff moved within the statutorily mandated five-day period to confirm its attachment, the district court denied the motion. Thereafter plaintiff commenced the…
2Cases cited17 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- Klapprott v. United StatesSupreme Court of the United States · 1949
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Thomas A. Gleason v. John Jandrucko, Richard Spota, and Village of North TarrytownCourt of Appeals for the Second Circuit · 1988
- United States v. Estate of StonehillCourt of Appeals for the Ninth Circuit · 2011
- Irene Weldon v. United StatesCourt of Appeals for the Second Circuit · 1995
- Grubin v. Rattet (In Re Food Management Group, LLC)United States Bankruptcy Court, S.D. New York · 2008
- Int'l Techs. Mktg., Inc. v. Verint Sys., Ltd.Court of Appeals for the Second Circuit · 2021
23 more not listed; retrieve them via the Exa API.