Church
Burbank Lumber Co. v. Church
Opinion
Lead Opinion
Garrecht, J.
Henry A. Church was adjudicated a bankrupt on November 27, 1931, therefore the twelve months’ period within which he might apply for discharge expired on November 27, 1932. Bankruptcy Act, § 14a; U. S. Code, title 11, chapter 3, § 32 (a), 11 USCA § 32 (a). On the 29th day of November, A. D. 1932, the bankrupt executed his petition for discharge; accompanying the petition was the affidavit of the bankrupt, sworn to on the 7th day of December, 1932, in which, among other things, he deposes and says: “ * * * That more than one year has elapsed since the date of his adjudication; that he is filing herewith his petition for discharge, together with certificate of compliance. The reason that the petition for discharge was not filed within twelve months from the date of adjudication is that he did not have the money prior to the expiration of the said year with which to pay the costa of publication of the notice of hearing thereon and could not procure the same until after the expiration of said date. Affiant states, that he has procured the costs of the said publication and respectfully requests the court to extend the time within which his petition for discharge may he filed, and by…