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IN RE LOZITO

December 24, 1941

In re LOZITO


The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

These are two motions:

One, by Anthony Lozito, the bankrupt, for an order:

 "1. Vacating the bill of costs heretofore entered herein in favor of Henry Albert against Anthony Lozito, in the sum of $144.75, on December 13th, 1939, and

 "2. Directing the objecting creditor, Henry Albert, to make restitution to the said Anthony Lozito of the sum of $394.54 heretofore collected by the said Henry Albert on August 26th, 1940, from the Brooklyn Savings Bank, pursuant to an order of the Court dated August 23rd, 1940, and such other sums as may have been collected by the said Henry Albert on the judgment heretofore referred to."

 The other, by Henry Albert, a creditor, for an order vacating and setting aside the order of this Court made on September 15, 1941, granting the bankrupt's discharge and referring the specifications of objections to the discharge of the bankrupt back to the Referee.

 On April 15, 1938, Anthony Lozito was adjudicated a bankrupt. There was listed in the schedules as a creditor the claim of Henry Albert for a judgment in the sum of $384.23.

 On April 15, 1938, an ex parte order was made by one of the Judges of this Court, on application of the bankrupt, containing the following language:

 "Ordered that Henry Albert, his attorney, agents, servants and employees be and they hereby are restrained from taking any further steps to collect, except in bankruptcy, the judgment obtained in an action in the Municipal Court of the City of New York, Borough of Queens, Sixth District, wherein Henry Albert was plaintiff and the bankrupt was the defendant, and it is further.

 "Ordered that the stay continue until the expiration of one year from the date of the adjudication herein, or in the event that an application for discharge is made within that time, then until the said application is determined. This stay does not apply to any motion to punish the bankrupt for contempt of a State Court."

 On April 18, 1938, an order was made by one of the Judges of this Court, containing the following language:

 "Ordered that Henry Albert, his attorney, agents, servants and employees be and they hereby are restrained from taking and further steps to collect, except in bankruptcy, the judgment obtained in an action in the Municipal Court of the City of New York, Borough of Queens, Sixth District, wherein Henry Albert was plaintiff and the bankrupt was the defendant, and it is further

 "Ordered that the stay continue until the expiration of one year from the date of the adjudication herein, or in the event that an application for discharge is made within that time, then until the said application is determined, and it is further

 "Ordered that the bankrupt herein deduct from his salary the amount ordered deduced by the order of the City Court of the City of New York, County of Queens, and deposit the said amount in the Brooklyn Savings Bank to be held until the further order of this Court, and to be withdrawn only on counter-signature of the Clerk of this Court. This ...


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