Maricopa Packing Co. v. Shortridge
Maricopa Packing Co. v. Shortridge
Opinion of the Court
On July 2, 1948, the Northern Meat Company filed its petition in bankruptcy, and was thereafter adjudged a bankrupt. Previously, on March 24 of that year, appellant had caused a writ of garnishment to be issued in a suit in the state court against the Meat Company, and by this process had obtained a lien upon the latter’s bank account in an amount exceeding $500. The suit was apparently contested and was still pending at the time of the Meat Company’s adjudication. The Trustee (appellee here) intervened to challenge the validity of the lien, asserting that the bankrupt was insolvent as of the date of its acquisition. The Trustee and the parties plaintiff and defendant in the suit stipulated that the question of insolvency be resolved by the bankruptcy referee, it being agreed by all concerned that the sequestration of the bankrupt’s funds was had within the four mouths’ period prescribed by the Act, 11 U.S.C.A. § 107, sub. a(l). The state court postponed disposition of the challenged writ until the final determination of the controlling factual issue in the federal jurisdiction. Thereafter the matter came on for hearing before the referee on the Trustee’s petition; and upon the taking of evidence the referee found that the bankrupt was insolvent on March 24, 1948. The appeal is from the order of the district court affirming the finding.
Appellant contends that the finding of insolvency is unsupported by evidence.
Order affirmed.
The statute, 11 U.S.C.A. § 107, sub. d(1), provides that a person is insolvent “when the present fair salable value of his property is less than the amount required to pay his debts”.
Reference
- Full Case Name
- MARICOPA PACKING CO. v. SHORTRIDGE
- Status
- Published