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IN RE FORNABAI

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


February 28, 1964

In the Matter of Nicholas FORNABAI individually and trading as Fornaby Equipment Company, Bankrupt

The opinion of the court was delivered by: SHAW

This matter comes before the Court pursuant to the provisions of 11 U.S.C.A. ยง 67, subs. c, a(8) on Petition for Review of an order by the Referee in Bankruptcy. The order of the Referee in Bankruptcy dated June 4, 1963 determined that two judgment liens were entitled to priority in satisfaction over tax liens of the United States of America out of a real estate fund being administered by the Court.

The pertinent facts may be recited briefly as follows: On May 2, 1962 Nicholas Fornabai individually and doing business as Fornaby Equipment Co. was adjudicated a bankrupt in a Chapter XI proceeding. The realty of the bankrupt was sold and valid liens against the realty transferred to the proceeds of the sale. The amount thereof held by the Trustee in Bankruptcy is insufficient for full satisfaction of all valid liens. The parties here involved, who assert liens against the proceeds of the sale of realty by virtue of judgments obtained against the bankrupt are Truck Equipment Corp. and Pak-Mor Manufacturing Co. The lien of the United States is for taxes assessed against the bankrupt pursuant to provisions of the Internal Revenue Code of 1954. Truck Equipment Corporation recovered a judgment in the Superior Court of New Jersey against the bankrupt on December 8, 1960. The amount is $ 13,716.85 plus interest. Pak-Mor Manufacturing Co. recovered its judgment against the bankrupt in the United States District Court for the District of New Jersey on March 10, 1961. The amount of this judgment is $ 18,199.61 plus interest. Both judgments were docketed as of the dates of recovery thereof. The United States filed notice of tax liens against the bankrupt on the following dates and in the amounts stated: (1) April 10, 1961 $ 8,272.28 (2) June 20, 1961 9,495.72 (3) August 24, 1961 13,744.33 (4) February 14, 1962 4,333.58 (5) March 16, 1962 722.01 (6) April 12, 1962 3,166.70

19640228

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