League Central Credit Union v. Warman

McBRIDE, Judge.

In January 1961, under executory process plaintiff had the Sheriff levy upon and sell an automobile of defendant on which it held a chattel mortgage to secure defendant’s note, and after such sale, there still remained a balance due on the note for which plaintiff sought to recover a personal judgment against defendant by suit herein filed on May 31, 1961. After said suit was filed, defendant was adjudicated a voluntary bankrupt. His schedules listed plaintiff as a creditor for the face amount of the note.

Notwithstanding the pendency' of the bankruptcy proceedings, plaintiff…