Schofield

The trustee in barikruptey appeals from an order of the District Court, vacating an order of sale of real property made by the referee upon a re-reference of the estate.

Moriyama was adjudicated a bankrupt on January 19, 1923, with reference in due course. The first meeting of creditors was noticed for February 5, 1923, and continued to June 19,1923, at which time a trustee was appointed. There was a change in the office of referee, and on January 8, 1924, a formal order was made re-referring the matter to the new referee, Huber A. Collins. On March 25, 1924, the trustee reported no assets found, and after notice to creditors the referee on May 29, 1924, noted the “ease closed and files sent to clerk.” In the meantime on November 17, 1923, the bankrupt had filed his petition for a discharge, and notice thereon was ordered. Subsequently, on November 6, 1924, he filed an amended petition, and notice upon it also was ordered. Responding to this amended petition, one James L. Allen, on December 24, 1924, filed a paper designated “Petition * * * for Re-Reference,” in which, after alleging that he was a creditor of the estate, he referred to certain real and personal property which he…