In the Matter of Ignatius A. Monforte, Bankrupt-Appellant. Chemical Bank New York Trust Company, Objecting Creditor-Appellee

, MEDINA, Circuit Judge,

Ignatius A. Monforte filed a voluntary petition in bankruptcy on March 26,-1959 and on the same day he was adjudicated a bankrupt. There was then pending in the New York Supreme Court, New York County, an action, entitled “Francis R. Doherty, as Receiver of the property of T ,. . „. . . , Ignatius A. Monforte, and Chemical „ „ , „ , . . ._ . Com Exchange Bank, plaintiffs, against, T ,. . ,, 1 , TT ,, , Ignatius A. Monforte, Hearthstone Inc. and Royal state Bank of New York defendants » Part of the re_ .. » , . ., ,. . , lief prayed m said action was a judg- , ,,. .. ,…