In the Matter of Philip J. Goldberg, Bankrupt-Appellant. Philip J. Goldberg, Bankrupt-Appellant v. Sidney B. Weiner, Creditors-Appellees

Appellant Goldberg appeals from two orders entered against him in an involuntary bankruptcy proceeding. One denied his motion to dismiss the proceedings ; the other held him in contempt for refusing to answer questions at an examination ordered under section 21(a) of the Bankruptcy Act, 11 U.S.C. § 44 (a).

I

The involuntary petition was filed on October 8, 1970, in the United States District Court, Phoenix, Arizona. Appellant could not be found within the jurisdiction. The court therefore ordered service of process by publication as provided in 11 U.S.C. § 41 (a). A notice was published on several dates in the Arizona Weekly Gazette. A copy of the notice and the petition in bankruptcy were left with appellant’s wife at an apartment leased by appellant in Beverly Hills, California. Appellant did not respond. On the basis of a showing by creditors of purported acts of bankruptcy and insolvency, the court adjudicated appellant a bankrupt on February 22, 1971.

On May 3, 1971, an order for Examination of Bankrupt was issued pursuant to section 21(a) of the Act, 11 U.S.C. § 44 (a), and personally served on appellant in Los Angeles County. The date set for the examination was…