Entler

Entler v. Security-First Nat. Bank

Good Law
97 F.2d 708·1938 U.S. App. LEXIS 3850
United States Court of Appeals for the Ninth CircuitJune 29, 1938No. 8713California1,218 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from an order of the district court confirming an order of the referee which denied appellant’s petition for confirmation of an extension proposal under § 74 of the Bankruptcy Act, 11 U.S.C.A. § 202 .

Cora M. Entler, debtor, filed a petition in the district court under the above statute (which provides for relief of noncorpo-rate debtors without bankruptcy adjudication) alleging that she was unable to meet her debts as they matured. She showed assets valued by her considerably in excess of her liabilities. Her only secured creditor is the appellee here, Security-First National Bank of Los Angeles, which held a note secured by a trust deed, the obligation including principal and interest amounting to $18,509.67. Both principal and interest were in default, as were also taxes on the secured property.

The petition was approved as properly, filed and all proceedings against the debtor were stayed. The debtor then attempted to secure the consent of a majority of creditors to an extension proposal. Failing to obtain it, she submitted a proposal for extension under § 74(e), 11 U.S.C.A. § 202 (e) : “[If] the debtor fails to obtain the acceptance of a majority in number…

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