In re Cefola
District Court, S.D. New York
In Bankruptcy. In the matter of Donato M. Cefola, alleged bankrupt. On motion to vacate a stay of proceedings under executions on judgments obtained by Tombach & McPhee and Vincenzo Ursone. Motion to vacate a stay issued on the motion of petitioning creditors by the bankruptcy court against two judgment creditors and their receiver, appointed by a state court in proceedings supplementary to two executions.
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In Bankruptcy. In the matter of Donato M. Cefola, alleged bankrupt. On motion to vacate a stay of proceedings under executions on judgments obtained by Tombach & McPhee and Vincenzo Ursone. Motion to vacate a stay issued on the motion of petitioning creditors by the bankruptcy court against two judgment creditors and their receiver, appointed by a state court in proceedings supplementary to two executions. The dates are as follows: The petition was filed March 11, 1915; receiver in supplementary proceedings was appointed on December 21, 1914, at application of Vincenzo Ursone upon a judgment…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The question is certainly controlled by the state law, particularly sections 2468, 2469, of the Code of Civil Procedure. The first sec-tipn says that property vests in the receiver in supplementary proceedings from the date of his appointment, or of the extension of the receivership to the judgment. These dates are too late concededly. The second section defines the relating back of the title. The first subdivision applies to cases where the judgment debtor is served with the order directing him to appear for examination before the receiver is…
2Cases cited2 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- In re TylerDistrict Court, W.D. New York · 1900