Allen Russell Keeble, Dba A. R. Keeble Glass Co. v. Irving Sulmeyer, Trustee in Bankruptcy

Good Law
290 F.2d 127·1961 U.S. App. LEXIS 4712
United States Court of Appeals for the Ninth CircuitApril 26, 196117060_1California2,874 words

Opinion

Opinion

Jertberg, J.

This is an appeal from an order of the district court affirming the revocation of discharge in bankruptcy by the referee in bankruptcy, pursuant to Section 15 of the Bankruptcy Act, 11 U.S.C.A. § 33 .

Jurisdiction of this Court to review the order is based upon Section 24, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 47 , sub. a.

Appellant filed his voluntary petition in bankruptcy on June 11, 1959, and by order of the referee was granted his discharge in bankruptcy on August 20,1959.

In schedule B-l of the petition in bankruptcy, appearing under real estate, appellant listed a summer cottage located at 712 Wendy Avenue, Big Bear City, California, subject to a mortgage encumbrance in the amount of $1,807.39 incurred November 10, 1956 and a mortgage encumbrance of $2,000 incurred January 20, 1957, and estimated his interest therein to be $700. On schedule A-2 of the petition, under the heading “Creditors Holding Securities”, appellant listed Fredrick Keeble as the holder of a second mortgage on the property above described, giving the date as 1/20/57, and the value of the security was listed as $2,000, and the amount due or claimed was listed in the same amount. In the “Statement…

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