Masaru Sumida v. Fusao Yumen

This case arises out of a dismissal of a Chap. XII petition for a real property arrangement. Two questions are presented: (1) where the debtors (appellants) withdraw the proposed real property arrangement but failed to submit a new or amended proposal before or at the meeting of creditors, is the bankruptcy referee required by Sec. 481 of the Bankruptcy Act, 11 U.S.C. § 881 , either to adjudicate the debtor a bankrupt or to dismiss the debtor petition; (2) when the referee’s dismissal of the debtor’s petition has been affirmed by the district court as authorized under Section 481 of the Bankruptcy Act, 11 U.S.C. § 881 , is the court prior to the entry of a final decree, required to pass on ancillary applications of the debtor. We affirm.

This case started with a petition under Chap. XII filed by the debtors on January 17, 1967. It is now here for the second time and there seems to be no end to the multitudinous applications, briefs and maneuverings of the appellants through counsel and William S. Ellis, Jr., appearing in pro. per.

On April 25, 1969 we decided the first appeal in Sumida v. Yumen, 409 F.2d 654 , and held that a dismissal of the Chap. XII petition was improper…