In re Schaefer

Appellant petitioned for an adjudication of bankruptcy on March 25, 1933. On March 28th the order of adjudication was made.

On April 17, 1934, the bankrupt applied for an order extending his time within which to file his application for discharge to April 27, 1934. On April 19, 1934, the trial judge denied the application for leave to file a petition for discharge and denied a discharge. On April 30th, without having filed a petition for discharge of the bankrupt, appellant petitioned for leave to appeal which was granted on that date. The time for filing the petition for discharge expired on March 28, 1934 (Bankr. Act § 14, as amended May 27, 1926, § 6, 44 Stat. 663 , 11 U.S.C.A. § 32 ). The application for an extension of time to file petition was made after the period therefor had expired, but within the six months’ period during which the court had power to receive a petition for discharge where the bankrupt had been unavoidably prevented from making his application within the year. The only showing to the court tending to prove that the bankrupt’s delay in filing his petition was because he was “unavoidably prevented” from doing so was the affidavit of appellant’s attorney…