In re Racki

W.D. New York

In re Racki

8 F. Supp. 526, 1934 U.S. Dist. LEXIS 1435

CourtDistrict Court, W.D. New York

DecidedSeptember 19, 1934

DocketNo. 22133

StatusPublished

This text of 8 F. Supp. 526 (In re Racki) 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 Racki, 8 F. Supp. 526, 1934 U.S. Dist. LEXIS 1435 (W.D.N.Y. 1934).

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Opinion

KNIGHT, District Judge,

Orders were heretofore granted restraining two creditors, the Buffalo City Court marshals and the sheriff of Erie county, from proceeding' to enforce the collection of two judgments under garnishee’executions. Ap[527]*527plication, is now made for an order restraining the bankrupt’s employer from retaining 101 per cent, of the bankrupt’s wages pursuant to such garnishee executions.

The judgments remain a liability until bankrupt is granted his discharge. If a- discharge is not granted, wages earned subsequent to the adjudication are subject to the payment of such judgments by reason of the continuing levy against them. Therefore retention of 10 per cent, of the bankrupt’s wages must continue, to the extent of these executions, until such time as bankrupt obtains a discharge. In re Smith, 8 F. Supp. 40, decided by this court, April 4, 1934; In re Beck (D. C.) 238 F. 653; and In re Van Buren (D. C.) 164 F. 883.

Motion denied.

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KNIGHT, District Judge,

Orders were heretofore granted restraining two creditors, the Buffalo City Court marshals and the sheriff of Erie county, from proceeding' to enforce the collection of two judgments under garnishee’executions. Ap[527]*527plication, is now made for an order restraining the bankrupt’s employer from retaining 101 per cent, of the bankrupt’s wages pursuant to such garnishee executions.

The judgments remain a liability until bankrupt is granted his discharge. If a- discharge is not granted, wages earned subsequent to the adjudication are subject to the payment of such judgments by reason of the continuing levy against them. Therefore retention of 10 per cent, of the bankrupt’s wages must continue, to the extent of these executions, until such time as bankrupt obtains a discharge. In re Smith, 8 F. Supp. 40, decided by this court, April 4, 1934; In re Beck (D. C.) 238 F. 653; and In re Van Buren (D. C.) 164 F. 883.

Motion denied.

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Bluebook (online)

8 F. Supp. 526, 1934 U.S. Dist. LEXIS 1435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-racki-nywd-1934.

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