Mack

Mack v. Pacific S. S. Lines

Good Law
94 F.2d 95·1938 A.M.C. 665·1938 U.S. App. LEXIS 4809
United States Court of Appeals for the Ninth CircuitJanuary 12, 1938No. 8466California1,227 words

Opinion

Lead Opinion

Haney, J.

This appeal is from an order of the District Court denying a petition for modification of a restraining order issued in proceedings under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207 .

Appellant charges that, while employed as one of the crew of the appellee’s steamship Admiral Y. S. Williams, he was injured on December 8, 1934; that he was incapacitated for a long time thereafter, being confined in a hospital from the time of his injury until shortly before October 21,1936, at which time he consulted counsel and was first advised that he had a valid cause of action against appellee;' that at the same time he was advised of appellee’s proceedings as a debtor under section 77B of the Bankruptcy Act.

On September 25, 1935, appellee filed its petition as a debtor under section 77B of the Bankruptcy Act, and on the same day the court below entered an order approving the petition, and directed inter alia: “5. That until the Final Decree of this Court in the above entitled proceeding, all persons, firms, and corporations, whatsoever, and wheresoever situated, located or domiciled, are hereby restrained and enjoined from interfering with, attaching, garnisheeing, levying upon,…

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