24 Misc. 2d 141 | N.Y. Sup. Ct. | 1960
The assignees for benefit of creditors by this motion seek to stay a foreclosure sale now scheduled for June 10,1960, and to have an order entered authorizing sale by the assignees free of the various liens and incumbrances to which the properties are subject. With respect to secured creditors subdivision 8 of section 15 of the Debtor and Creditor Law authorizes the court “ To allow secured creditors such sum only as to the court seems to be owing over and above the value of their securities.” The value of assets other than obligations for the payment of money which constitute the security is determined under section 34 of the Debtor and Creditor Law “ By creditor’s sale” (emphasis supplied). The latter term “ includes any sale effected by the secured creditor by judicial
The motion is denied with respect to all properties subject to liens of secured creditors. The court cannot determine from the papers submitted whether any of the properties referred to in the moving papers are free of such liens. If so,' an order will be entered providing for the sale by the assignees of such parcels alone. The order to be entered hereon shall be settled on notice and, if the assignees seek an order authorizing sale of any parcel, shall be accompanied by a supplemental affidavit specifying which parcels the assignees contend are free of such lien. Proceed accordingly.