Family Finance Corp. v. Greenbaum

Appellate Division of the Supreme Court of New York

Family Finance Corp. v. Greenbaum

31 A.D.2d 614, 295 N.Y.S.2d 579, 1968 N.Y. App. Div. LEXIS 2698

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1968

StatusPublished

This text of 31 A.D.2d 614 (Family Finance Corp. v. Greenbaum) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Family Finance Corp. v. Greenbaum, 31 A.D.2d 614, 295 N.Y.S.2d 579, 1968 N.Y. App. Div. LEXIS 2698 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order entered August 9, 1968, vacating income execution and staying plaintiff-judgment-creditor from further proceeding, unanimously reversed on the law, with $30 costs and disbursements to appellant and defendant’s motion denied. There is still outstanding and unvacated a judgment by default in favor of plaintiff and against defendant in the Civil Court of the City of New York. If there is any merit to defendant’s contention that the obligation was in fact dischargeable in bankruptcy the judgment of the Civil Court requires and proper procedure dictates that defendant first attempt to vacate this judgment. If so advised, he may proceed pursuant to section 150 of the Debtor and'Creditor Law. We note however, that section 17 (subd. [a], par. [2]) of the Bankruptcy Act (U. S. Code, tit. 11, § 35, subd. [a], par. [2]), excludes from the effect of a discharge in bankruptcy liability for obtaining money upon a materially false statement in writing respecting the bankrupt’s financial condition. Concur — Eager, J. P., Capozzoli, Tilzer, McGivern and McNally, JJ.

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Order entered August 9, 1968, vacating income execution and staying plaintiff-judgment-creditor from further proceeding, unanimously reversed on the law, with $30 costs and disbursements to appellant and defendant’s motion denied. There is still outstanding and unvacated a judgment by default in favor of plaintiff and against defendant in the Civil Court of the City of New York. If there is any merit to defendant’s contention that the obligation was in fact dischargeable in bankruptcy the judgment of the Civil Court requires and proper procedure dictates that defendant first attempt to vacate this judgment. If so advised, he may proceed pursuant to section 150 of the Debtor and'Creditor Law. We note however, that section 17 (subd. [a], par. [2]) of the Bankruptcy Act (U. S. Code, tit. 11, § 35, subd. [a], par. [2]), excludes from the effect of a discharge in bankruptcy liability for obtaining money upon a materially false statement in writing respecting the bankrupt’s financial condition. Concur — Eager, J. P., Capozzoli, Tilzer, McGivern and McNally, JJ.

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Bluebook (online)

31 A.D.2d 614, 295 N.Y.S.2d 579, 1968 N.Y. App. Div. LEXIS 2698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/family-finance-corp-v-greenbaum-nyappdiv-1968.