Glasson

Glasson v. Lewis

Good Law
28 F.2d 293·1928 U.S. Dist. LEXIS 1476
United States District Court, Southern District of CaliforniaSeptember 20, 1928No. 10739-JCalifornia1,309 words

Opinion

Lead Opinion

James, J.

A motion has been presented to dismiss an amended involuntary petition in bankruptcy filed by certain creditors. The original petition was filed on January 12, 1928. The amended petition was filed on August 13, 1928.

In the original petition bankruptcy was charged upon all of the grounds enumerated in section 3 of the Bankruptcy Act (11 *294 TJSCA § 21), except the last two. Omitting from consideration the last stated ground, none of the specifications set forth any acts by description of time, place, or things dealt with. The creditors merely copied the language of the statute. The last charge was one by which the creditors attempted to allege a general assignment made. It was set forth in this form: “Made a general assignment for the benefit of their creditors, in that the said Sidney M. Lewis acting as agent and on behalf of the other members of the said partnership and of the said partnership, turned over certain assets of said partnership to a trustee, for the benefit of said creditors of said partnership.” An allegation alleging that the alleged acts of bankruptcy were done within four months preceding the filing of the petition was contained in the same paragraph.

The…

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