Whitehead v. Menick

Ninth Circuit

Whitehead v. Menick

228 F.2d 104

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 9, 1955

DocketNo. 14667

StatusPublished

Cited by1 cases

This text of 228 F.2d 104 (Whitehead v. Menick) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitehead v. Menick, 228 F.2d 104 (9th Cir. 1955).

Pincite

Opinion

PER CURIAM.

In this case appellant, a creditor of a bankrupt, obtained from the referee an ex parte order permitting her to levy execution or garnishment upon any assets of the bankrupt in possession of the Trustee. Subsequently the Trustee petitioned that the order be set aside upon the ground that it was granted without authority of law, and on the further ground that it was impeding the administration of the estate. After a hearing the referee granted the petition, and the court on review affirmed.

We assume, without deciding, that a bankruptcy court may permit such a levy in a proper case. Here, however, it was abundantly shown that the permission was improvidently granted, and that the levy made was not only impeding, but frustrating, the administration of the estate.

Finding no error in the court’s order we affirm it.

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PER CURIAM.

In this case appellant, a creditor of a bankrupt, obtained from the referee an ex parte order permitting her to levy execution or garnishment upon any assets of the bankrupt in possession of the Trustee. Subsequently the Trustee petitioned that the order be set aside upon the ground that it was granted without authority of law, and on the further ground that it was impeding the administration of the estate. After a hearing the referee granted the petition, and the court on review affirmed.

We assume, without deciding, that a bankruptcy court may permit such a levy in a proper case. Here, however, it was abundantly shown that the permission was improvidently granted, and that the levy made was not only impeding, but frustrating, the administration of the estate.

Finding no error in the court’s order we affirm it.

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Bluebook (online)

228 F.2d 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-menick-ca9-1955.

Opinion

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