In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.

Good Law
709 F.2d 1313·11 Bankr. Ct. Dec. (CRR) 226·9 Collier Bankr. Cas. 2d 115·1983 U.S. App. LEXIS 26053
United States Court of Appeals for the Ninth CircuitJuly 6, 198382-5312California3,434 words

Opinion

Opinion

Anderson, J.

. Mason appeals from the denial of his motion to vacate an order for relief entered on an involuntary petition under the 1978 Bankruptcy Reform Act, 11 U.S.C. § 101 , et seq. The bankruptcy court held that Mason waived his right to object to the order for relief. In re Mason, 12 B.R. 316 (Bkrtcy.D. Nev.1981). Mason appealed to a Ninth Circuit Bankruptcy Appellate Panel which affirmed. 20 B.R. 650 (Bkrtcy.App. 9th Cir.1982). We conclude that we have jurisdiction over this appeal and agree that the bankruptcy court properly denied Mason’s motion to vacate.

I. BACKGROUND

On June 30, 1980, the appellees, Integrity Insurance and Sherwood & Roberts, filed a petition under 11 U.S.C. § 303 to begin involuntary bankruptcy proceedings against Mason. Mason did not respond to the petition and the bankruptcy court entered an order for relief on August 25, 1980. Mason states that he did not respond to the petition because he believed the bankruptcy court did not have jurisdiction, only two creditors having commenced the case instead of three as required by 11 U.S.C. § 303 (b)(1) and (2). On this ground he moved to vacate the order. The bankruptcy court denied the motion, finding that this…

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