Manhattan Shirt Co. v. Andrew D. M. Tomlinson, Trustee in Bankruptcy of the Estate of N. Porter Mercantile Co., Bankrupt

Manhattan Shirt Company, appellant herein, was a creditor of the N. Porter Mercantile Co. which was adjudicated a bankrupt in the United States District Court for the District of Arizona. In the proceedings before the referee in bankruptcy in Phoenix, Arizona, after the adjudication of said bankruptcy appellant complains that at the first meeting of creditors the referee acted improperly in the selection of a creditors’ committee and in the selection of a trustee. The record shows that within a very few days after the selection of the creditors’ committee and the trustee, the assets of the bankrupt were sold for cash. The record also shows that there was no objection by the creditors to the confirmation of this sale by the referee, and in this appeal no complaint is made by appellant of such sale or of any action by the creditors’ committee or of the trustee.

Appellant here only contends that the provisions of section 44 of the Bankruptcy Act, 52 Stat. 860 (1938), as amended, 11 U.S.C. § 72 (1958), were not followed by the referee when the creditors’ committee and the trustee were named.

Section 44 provides in part as follows:

Section 45 provides in part as follows:

Section…