In re Blake

W.D. New York

In re Blake

191 F. Supp. 751, 1961 U.S. Dist. LEXIS 3870

CourtDistrict Court, W.D. New York

DecidedMarch 7, 1961

DocketNo. 43846

StatusPublished

This text of 191 F. Supp. 751 (In re Blake) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Blake, 191 F. Supp. 751, 1961 U.S. Dist. LEXIS 3870 (W.D.N.Y. 1961).

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Opinion

HENDERSON, District Judge.

Proceedings in this bankruptcy were closed by the Referee on July 30, 1959. Although 'a restraining order had been issued during the pendency of the bankruptcy purporting to restrain the Manufacturers and Traders Trust Company, among others, from levying garnishee execution against wages of the bankrupt, the record before the court does not show that either the restraining order or the show cause order on which it was based was properly served on the Trust Company or that the Company ever obtained actual notice of the same prior to completion of garnishee execution. The bankrupt has now applied for an order directing the Trust Company to return so much of the proceeds of the garnishee as were collected after the date of adjudication.

Application denied. The court lacks jurisdiction to grant the relief requested. So ordered.

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HENDERSON, District Judge.

Proceedings in this bankruptcy were closed by the Referee on July 30, 1959. Although 'a restraining order had been issued during the pendency of the bankruptcy purporting to restrain the Manufacturers and Traders Trust Company, among others, from levying garnishee execution against wages of the bankrupt, the record before the court does not show that either the restraining order or the show cause order on which it was based was properly served on the Trust Company or that the Company ever obtained actual notice of the same prior to completion of garnishee execution. The bankrupt has now applied for an order directing the Trust Company to return so much of the proceeds of the garnishee as were collected after the date of adjudication.

Application denied. The court lacks jurisdiction to grant the relief requested. So ordered.

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Bluebook (online)

191 F. Supp. 751, 1961 U.S. Dist. LEXIS 3870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-blake-nywd-1961.