Opinion
July 18, 1932.
Max Rockmore, of New York City, for trustee David G. Goodwin.
Robert P. Beyer, of New York City, for state court receiver William M. Brouillard.
Feiring Bernstein, of New York City, for auctioneer Arthur Albert.
Proceedings in the matter of Dirkan Medzian, a bankrupt. On petition by a judgment creditor to review an order of the referee in bankruptcy refusing summary jurisdiction on a petition for a turnover order against the auctioneer who held proceeds of auction of bankrupt's goods sold by him at instance of state court receiver appointed in supplementary proceedings.
Petition to review sustained, and order of the referee reversed.
The petition to review is sustained, and the order of the referee is reversed.
I think that under the decisions the trustee is undoubtedly entitled to the summary relief which he seeks; without quoting from or citing many authorities, my view is sustained in Re Diamond's Estate, 259 F. 70 (C.C.A. 6), which has been cited with approval by the Supreme Court in Lion Bonding Surety Co. v. Karatz, 262 U.S. 640, 642, 43 S. Ct. 641, 67 L. Ed. 1151, and May v. Henderson, 268 U.S. 111, 115, 45 S. Ct. 456, 69 L. Ed. 870.
For fees and administration expenses of the state court receiver and his counsel, application must be made to this court sitting in bankruptcy in this proceeding, as in the case of an assignee. Cf. In re Hacker (D.C.) 38 F.2d 100.
Further proceedings will be had before the referee in accordance with this decision.