In the Matter of Danilo A. Mayorga, Debtor

Mayorga filed a petition in the federal District Court, pursuant to Section 622 of the Bankruptcy Act, seeking to obtain an extension under which he could pay his debts out of his future earnings. The referee in bankruptcy refused to confirm the plan presented by Mayorga for the reason that within the six years preceding the filing of his petition Mayorga had received a discharge in a prior bankruptcy proceeding. Mayorga filed a Petition for Review of the referee’s refusal to confirm Mayorga’s plan. The District Court affirmed the referee’s order. Mayorga brought this appeal. No question is raised as to the jurisdiction of the District Court or of this court.

The Bankruptcy Act does not permit one to rid himself of his debts by going through bankruptcy every time he finds himself unable to pay his debts. Section 14(c) (5) of the Act, 11 U.S.C. § 32 , provides, with regard to repeated discharges in bankruptcy:

The quoted section thus prescribes at least a six year interval not only between outright and complete discharges in' bankruptcy but also between such discharges and other more complex arrangements authorized by the Act, under which a debtor is able to discharge his debts…