Legal Opinion

In re Kletchka

District Court, S.D. New York

Decided February 8, 1899Published

In Bankruptcy. On motion to dissolve injunction.

1Opinion of the Court

BROWN, District Judge.

Proceedings supplementary to execution in the state court should be stayed after an adjudication in bankruptcy, because otherwise the property of the bankrupt, which ought to be distributed equally among creditors through the trustee, might be discovered and turned over to the receiver in supplementary proceedings and thereby sold and lost to creditors before the trustee was appointed, flection 67 provides that any lien obtained by such proceedings within four month® shall be dissolved by the adjudication. It is the duty of this court to enforce that provision; and…

2Cases cited7 opinions

  1. First National Bank v. . ShulerNew York Court of Appeals · 1897
  2. Becker v. . TorranceNew York Court of Appeals · 1864
  3. Kitchen v. . LoweryNew York Court of Appeals · 1891
  4. Johnson v. RogersDistrict Court, N.D. New York · 1876
  5. Olney v. TannerDistrict Court, S.D. New York · 1882

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