Sahrad Kerkochian, Jr., Doing Business as United Carpet Shop v. B. E. Shields, Trustee of the Estate of Ronald R. Reichert

The underlying action involves the involuntary bankruptcy of Ronald 0. Reichert, so adjudged July 24, 1964. The appellant filed a claim against the bankrupt estate on February 19, 1965, asserting to be both an “unsecured and secured creditor.” Copy of the mechanic’s lien claim was attached to the claim in bankruptcy.

The appellee Trustee filed objections to the claim, and on February 17, 1966, Referee Franson issued an order disallowing the claim as secured and allowing it as an unsecured claim. On March 3, 1966, the appellee filed a motion to set aside the disallowance of the claim as a secured claim. By order dated March 15, 1966, Referee Franson again disallowed the appellant’s claim as secured and reaffirmed his order allowing same as an unsecured claim.

On or about April 15, 1966, Referee Franson issued an order restraining appellant’s prosecution of an action against the Trustee in the Superior Court, Kern County, California, seeking imposition of a constructive trust or equitable lien on the interest of the bankrupt and others in the proceeds of a certain promissory note. Thereafter, and on the same day, Referee Franson voluntarily disqualified himself as Referee by…