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agreement alleged amount appellee application assets attachment attorney Bank Bankers Trust bankrupt Bankruptcy Act cause of action claim cognovit collection constitutional contract conveyance Corp corporation County Court of Appeals CPLR damages debt collector decision default defendant district court due process enforcement entitled execution exempt fact Family Finance Corp FDCPA federal lien federal tax lien filed Finance fraudulent conveyance Fuentes funds garnishment Government hearing held homestead insolvent issue judgment creditor judgment debtor judicial jurisdiction Justice L.Ed landlord's lien levy liability loan mortgage mortgagor notice nulla bona obligation Overmyer party payment personal property petition plaintiff possession prior priority procedure proceedings proceeds protect provides purchaser question real property received replevin repossession rule S.Ct security interest sheriff statute statutory summary judgment Supp supra Supreme Court Uniform Commercial Code United violation W. T. Grant writ York