Opinion
No. 22332.
October 25, 1934.
Eli Roth, of Buffalo, N.Y., for bankrupt-petitioner.
Pierson L. Cohen, of Buffalo, N.Y., for judgment creditor.
In the matter of Bertram Gumbinsky, bankrupt. On the bankrupt's motion to restrain proceedings by Donald W. Cohen on a garnishee execution.
Motion dismissed.
Bankrupt-petitioner moves to restrain proceedings by Donald W. Cohen on a garnishee execution issued on a judgment recovered by the above-named Cohen against the above-named bankrupt-petitioner. The proofs show that the judgment in question was recovered on account of moneys wrongfully converted by the bankrupt-petitioner. Therefore, it is not dischargeable in bankruptcy. Section 35, U.S. Code, title 11 (11 USCA § 35); section 17, Bankruptcy Act of 1898, as amended; In re Stark (D.C.) 50 F.2d 260; In re Franks (D.C.) 49 F.2d 389; In re Brier (D.C.) 3 F.2d 709; Baker v. Bryant Fertilizer Co. (C.C.A.) 271 F. 473; McIntyre v. Kavanaugh, 242 U.S. 138, 37 S.Ct. 38, 40, 61 L.Ed. 205.
The motion should be dismissed.