In re Riccobono

Upon a voluntary petition, Frank Riccobono, the bankrupt, and his wife, Patricia Riccobono, were adjudged bankrupts on March 28, 1955. On April 11, 1955, Kyle Z. Grainger, Jr., was appointed and, at all times mentioned herein was, and still is, the trustee of the estate.

On September 29, 1955, the trustee filed an order to show cause which recited the following facts: Among “the assets belonging to the said bankrupt estate and coming into the possession of” the trustee was certain real property situated in the City of Palo Alto, Santa Clara County, California. Within four months of the filing of the petition in bankruptcy, Chester C. Wrenn (to be referred to as the “respondent”) obtained a lien upon the real property by virtue of a writ of attachment issued out of the Municipal Courts of the Palo Alto-Mountain View Judicial District, Santa Clara County, California, in case No. 1060 entitled “Chester C. Wrenn, Plaintiff, vs. Frank Riccobono, Defendant”. At the time of the levy of the writ of attachment the bankrupt was insolvent and the lien was void. The trustee asked that an order to show cause be issued directed to the respondent and ordering him to appear before the court to…