Robert Leonard v. Carl W. Vrooman, Trustee Inbankruptcy

This is an appeal from a judgment of the District Court affirming an order of the Referee in Bankruptcy, enjoining and restraining appellant from proceeding any further with an action in State Court against a trustee in bankruptcy.

On April 27, 1964, John Todd and his wife filed voluntary petitions in bankruptcy. Carl W. Vrooman, appellee herein, was appointed as receiver of the bankrupt estates by the Referee in Bank-' ruptcy on April 28, 1964. He qualified as such by furnishing a bond in the amount of $2500.00 with the Fidelity & Casualty Company of New York as surety.

Among the assets of the estate were certain goods — grocery stock (some perishable) and store equipment — which were located in a building, which prior to bankruptcy, had been under lease from Walter W. Patterson to the bankrupt. While the written lease for a rental of $150.00 per month, which is attached to lessor’s proof of claim in bankruptcy, is for a term of one year commencing on October 15, 1963, the testimony in the case indicates that the bankrupt had relinquished the keys to his lessor several days before filing bankruptcy. He, however, left his stock of goods therein without apparent objection of the…