Hull v. Powell

309 F.2d 3 Lola Ree HULL, Herbert J. Vatcher, Lillian Vatcher and Bruce Fenton, Appellants, v. Robert B. POWELL, Referee in Bankruptcy, John P. Stodd, Trustee in Bankruptcy, Maria Benson, Administratrix of the Estate of John W. Benson, deceased, and William M. Noe, Appellees. No. 17177. United States Court of Appeals Ninth Circuit. September 13, 1962. Rehearing Denied November 16, 1962. William H. Brawner, Los Angeles, Cal., Paul M. Weil, Whittier Cal., for appellant. Fred H. Almy and Robert M. Castle, San Bernardino, Cal., for appellee. Before BARNES, MERRILL and BROWNING, Circuit Judges. BROWNING, Circuit Judge. 1 A bankruptcy estate was closed without administration in 1935. It was reopened in 1958. After reopening, the bankruptcy court disallowed claims of all creditors on various grounds. They appealed. We do not reach the question of the allowability of the claims. We hold that in the circumstances of this case the motion to reopen should have been denied. 2 1. John W. Benson was adjudged a bankrupt. A trustee was appointed, made a return of "no assets," and was discharged. The estate was closed. All of these events occurred in 1935. In 1958 a petition to reopen was filed.…