240 F. 161 | E.D.N.Y | 1917
An application has been _ made to _ restrain the sheriff from levying a body execution upon the judgment debtor, pending the time within which an application for discharge could be made, the question of the discharge litigated, and the proceedings in bankruptcy carried on to a point where the bankrupt would not be harassed and interfered with in his bankruptcy proceedings by the process in the hands of the sheriff. A temporary stay, pending the determination of the motion, was granted, and the motion has been submitted. Discharge has just peen allowed to the bankrupt, and the bankruptcy hearings have in general been concluded.
Motion granted for a definite period to be stated in the order when settled, in order to allow the bankrupt to apply to the state court for the appropriate remedy to bring up the question of the effect of his discharge.