In Re Coldiron And Peeples Oil Company

356 F.2d 266 In re COLDIRON AND PEEPLES OIL COMPANY, a corporation. Maidie O. RIEDEL, Appellant, v. COLDIRON AND PEEPLES OIL COMPANY, a corporation, also known as Coldiron & Peeples Oil Co., Alleged Bankrupt and Appellee. No. 19697. United States Court of Appeals Ninth Circuit. January 14, 1966. Kurt W. Melchior, of Severson, Zang, Werson, Berke & Larson, San Francisco, Cal., for appellant. Rogers, Clark & Jordan, Webster V. Clark, Ricardo J. Hecht, San Francisco, Cal., for appellee. Before CHAMBERS, BARNES and KOELSCH, Circuit Judges. KOELSCH, Circuit Judge: 1 The referee in bankruptcy dismissed an involuntary petition to have Coldiron and Peeples Oil Company, a corporation, adjudged a bankrupt. The reason, stated in his order, was that Maidie O. Riedel, the sole petitioning creditor, "was not qualified as a petitioning creditor under Section 59, subdivision b, of the Bankruptcy Act (11 U.S.C.A. 95 b)." The district court affirmed without opinion and petitioner has appealed. 2 Section 59 b currently requires a sole petitioner to have a provable claim against the alleged bankrupt; the claim must not be contingent as to liability; and it must be in the amount of at…