In re Gumbinsky

W.D. New York

In re Gumbinsky

8 F. Supp. 601, 1934 U.S. Dist. LEXIS 1447

CourtDistrict Court, W.D. New York

DecidedOctober 25, 1934

DocketNo. 22332

StatusPublished

Cited by1 cases

This text of 8 F. Supp. 601 (In re Gumbinsky) 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 Gumbinsky, 8 F. Supp. 601, 1934 U.S. Dist. LEXIS 1447 (W.D.N.Y. 1934).

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Opinion

KNIGHT, District Judge.

Bankrupt-petitioner moves to restrain proceedings by Donald W. Cohen on a garnishee execution issued on a judgment recovered by the above-named Cohen against the above-named bankrupt-petitioner. The proofs show that the judgment in question was recovered on account of moneys wrongfully converted by the bankrupt-petitioner. Therefore, it is not dischargeable in bankruptcy. Section 35, U. S. Code, title 11 (11 USCA §> 35); section 17, Bankruptcy Act of 1898, as amended; In re Stark (D. C.) 50 F.(2d) 260; In re Franks (D. C.) 49 F.(2d) 389; In re Brier (D. C.) 3 F.(2d) 709; Baker v. Bryant Fertilizer Co. (C. C. A.) 271 F. 473; McIntyre v. Kavanaugh, 242 U. S. 138, 37 S. Ct. 38, 40, 61 L. Ed. 205.

The motion should be dismissed.

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KNIGHT, District Judge.

Bankrupt-petitioner moves to restrain proceedings by Donald W. Cohen on a garnishee execution issued on a judgment recovered by the above-named Cohen against the above-named bankrupt-petitioner. The proofs show that the judgment in question was recovered on account of moneys wrongfully converted by the bankrupt-petitioner. Therefore, it is not dischargeable in bankruptcy. Section 35, U. S. Code, title 11 (11 USCA §> 35); section 17, Bankruptcy Act of 1898, as amended; In re Stark (D. C.) 50 F.(2d) 260; In re Franks (D. C.) 49 F.(2d) 389; In re Brier (D. C.) 3 F.(2d) 709; Baker v. Bryant Fertilizer Co. (C. C. A.) 271 F. 473; McIntyre v. Kavanaugh, 242 U. S. 138, 37 S. Ct. 38, 40, 61 L. Ed. 205.

The motion should be dismissed.

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8 F. Supp. 601, 1934 U.S. Dist. LEXIS 1447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gumbinsky-nywd-1934.

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