A. & E. Plastik Pak Co., Inc. v. William N. Bowie, Jr., Trustee

Before us is an appeal from an order of the District Court affirming an order of the Referee in Bankruptcy restraining the appellant “from proceeding against any monies which may be held by the Security First National Bank under an amended return to a Writ of Attachment dated January 30, 1963 and referring to monies held by said Bank in account number 078 675 in the name of HOLLAND BULB IMPORTERS, INC. on said date.”

The facts leading up to the appeal in this case are not in dispute, and may be summarized as follows:-

On December 11, 1962, an action was commenced in the Municipal Court of Los Angeles Judicial District, located in Los Angeles, California, by appellant and against Holland Bulb Importers, Inc. A writ of attachment was issued out of said action and served on the Security First National Bank, which bank, on December 13, 1962, made a “not indebted” return to said attachment. Thereafter appellant caused proceedings to be had against said bank pursuant to § 545 of the Code of Civil Procedure of the State of California, and as a consequence thereof, on January 30, 1963, the bank answered in an amended return to said writ of attachment that it was holding under and in…