Harris
Harris v. Prudential Ins.
Opinion
Lead Opinion
Wilbur, J.
William Sullivan Harris filed an application on July 21, 1934, under section 75 of the Bankruptcy Act, as amended (11 USCA § 203), alleging that “he is personally bona fide engaged in farming operations and that the principal part of his income is derived from farming operations. * * * ” He alleges that either personally or through the medium of tenant farmers he operates some 1,602 acres of farm land in Imperial county, Cal.; that he is solvent and desires to affect a composition or extension of time to pay his debts which, according to schedule A, aggregate $539,-521.69, with assets aggregating $903,595.40. On July 21, 1934, the court approved the petition, referred the matter to a conciliation commissioner and, upon application by the petitioner, issued a restraining order against the creditors named in the order restraining them from taking any proceeding for the enforcement of their indebtedness. On November 10, 1934, the Pacific Mutual Life Insurance Company of California filed a motion to dissolve the restraining order and dismiss the proceeding. This matter came on to be heard on the 16th or 17th of November, 1934, and on November 21, 1934, the court entered its order,…