James C. Bookey, Sr. v. Cleo P. King, Trustee in Bankruptcy of James C. Bookey, Sr., Bankrupt

While his son and sole business partner was facing an involuntary petition in bankruptcy filed against the firm, the appellant was on an extended trip in the United States and Mexico — gambling in San Francisco, Los Angeles, and Reno, and being “usually * * * pretty well teed up and * * * never •» * * very clear on just what [he] was doing”.

Exactly eight months after he and the firm were adjudged bankrupts, the appellant filed a petition for review of the adjudication. As we shall see, that filing was more than seven and one-half months too late.

In a very recent case, we had occasion to advert to the well-established principle that a court of bankruptcy is a court of equity. Lines v. Falstaff Brewing Co., 9 Cir., 233 F.2d 927 . On the ground of laches, chancery would deny relief to the appellant, just as a court of law must withhold its aid for the statutory reasons hereinafter discussed.

I. Statement of the Case.

On May 6, 1954, a creditor’s petition of involuntary bankruptcy was filed by C. A. Swanson & Sons, hereinafter Swanson, a Nebraska corporation, with an office in Seattle, Washington, against J. C. Bookey Supply, a partnership; James C. Bookey, Sr., and James C.…