In re Floyd

The trustee in bankruptcy filed a petition for an order requiring the Bank of Italy National Trust & Saving’s Association, etc., hereinafter referred to as the bank, to show cause why it should not turn over to the trustee the sum of $1,532.55. It was alleged in the petition that on November 4, 1931, within four months prior to the filing by said bankrupt of his petition to be adjudged a bankrupt, and while he was insolvent, one Gladys Floyd, etc., in a certain action then pending in the state court, entitled Gladys Floyd, Plaintiff, v. Louis Floyd, Defendant, levied upon, by attachment, the bank *636 account and moneys of said bankrupt on deposit with said bank; that said levy has not been released or discharged. Thereupon the referee issued the order to show cause. In answer to the order to show cause, the bank filed a special appearance, objecting to the jurisdiction of the referee, and alleging that “said respondent has not in its possession or under its control any money or property whatsoever of said bankrupt.” Upon hearing, the referee determined that the bankruptcy court had actual possession of the 1 property involved at the time of the adjudication, ordered that the…