IN RE HILL

Bankruptcy No. 3-85-00312, Adv. No. 3-85-0989.

57 B.R. 141 (1986)

In re Claude Schultz HILL a/k/a Claude S. Hill, Debtor. Claude Schultz HILL, Plaintiff, v. Robert MARCELLA, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

January 13, 1986.


Attorney(s) appearing for the Case

Morton, Lewis, King & Krieg, John M. Neal, Knoxville, Tenn., for plaintiff.

Baker, Worthington, Crossley, Stansberry & Woolf, R. Louis Crossley, Jr., Knoxville, Tenn., for defendant.


CLIVE W. BARE, Bankruptcy Judge.

Claude S. Hill, debtor in possession, asks the court to void any lien defendant Robert Marcella claims against certain stock certificates and $610.00 cash in the custody of the United States Marshal for the Southern District of New York. Hill contends a prejudgment levy obtained by Marcella expired because Marcella failed to commence a "special proceeding" extending the life of the levy. N.Y.Civ.Prac.Law § 6214(e) (McKinney 1980...

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