Douglass

Douglass v. Blair

Good Law
12 F.2d 435·1926 U.S. App. LEXIS 3267
United States Court of Appeals for the Ninth CircuitApril 19, 1926No. 4693California772 words

Opinion

Lead Opinion

Hunt, J.

Douglass petitions for a revision of an order of the District Court, denying an order to show cause and dissolving a preliminary injunction and restraining order (section 24b of the Bankruptcy Act [Comp. St. § 9608]), and also appeals from the said order.

His petition sets up that he is a creditor of Russell O. Douglass, adjudged a voluntary bankrupt on May 22, 1924; that after adjudication in bankruptcy the creditors of a partnership firm of which the bankrupt was a member, by written agreement and deed to them made by the bankrupt, took over the interests of the bankrupt, upon the consideration that the parties creditors would operate the firm business and pay the claims of the creditors of the firm and the claims of them, the contracting creditors; that thereafter the bankrupt filed a petition, asking discharge from all debts and liabilities allowed against his estate, and that the referee ordered the bankrupt to turn over to Blair, trustee, all of his individual assets for the benefit of the partnership creditors; that upon review by the District Court the order of the referee was affirmed on March 14, 1925, and thereafter the trustee in bankruptcy was granted authority by…

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