In Re Farrow
Opinion
Opinion
Yankwich, J.
An adjudication was made on April 27, 1937. No application for discharge was made within twelve months. Nor was an extension obtained under Section 14 of the old Bankruptcy Act, 11 U.S.C.A. § 32 .
On April 21, 1939, the bankrupt petitioned the court for final discharge. The petition recited that failure to apply for discharge was not due to any fault or negligence on the part of the petitioner, but to the absence of the petitioner’s attorney from the United States. The Referee filed a certificate of compliance and a recommendation that the discharge be granted. The court set the matter for hearing for June 2, 1939, fixed that date also for the filing of objections, and ordered that notice to that effect be given by the Referee both by mailing and by publication in a newspaper. This was done. The unsecured creditors have filed 'objections upon the ground that the application was not timely, and that, at the time it was made, the maximum period of eighteen months during which a discharge could have been had, had long since ex- ' pired. The latest date on which discharge could have been applied for was October 27, 1938. Under Section 14, as it stood before the recent amendment, the…