Bankruptcy-Fradulent Transfers-Venue for Plenary Actions Under Section 70(e)

Plaintiff trustee in bankruptcy brought a plenary action under section 70(e) of the Bankruptcy Act in the Federal District Court for the Northern District of Illinois for recovery of fraudulently transferred property located within the district. The defendants were citizens of Illinois, except the bankrupt’s daughter, a California citizen. The district court granted the daughter’s motion to dismiss for lack of venue. On appeal, held, reversed and remanded. Sections 23(b) and 70(e)(3) of the Bankruptcy Act exclude actions under section 70(e) from the requirements of the general venue provision of Title 28, U.S.C.; in all cases under section 70(e) except those for monies only, venue is governed by the location of the real or personal property in dispute. Yorke v. Frank, 295 F.2d 580 (7th Cir. 1961), cert. denied, 369 U.S. 818 (1962).