Bowman

Bowman v. Loperena

Caution
110 F.2d 348·1940 U.S. App. LEXIS 4541
United States Court of Appeals for the Ninth CircuitMarch 14, 1940No. 8796California1,160 words

Opinion

Lead Opinion

Denman, J.

Appellant, debtor in a proceeding instituted by him May 23, 1935, under Section 74, of the Bankruptcy Act, as amended in 1934, 1 filed in the district court on March 18, 1938, his petition for an appeal from certain orders in that proceeding and the district court granted the petition and allowed the appeal on the same day.

The district court adjudicated the appellant a bankrupt by an order of date August 21, 1936, and appellant purports to appeal from this order under Section 25, sub. a, of the Bankruptcy Act as amended in 1934, 44 Stat. 664 , 11 U.S.C.A. § 48 , sub. a, as a judgment adjudging him a bankrupt. 2 Appellant’s time to appeal under Section 25, sub. a, expired thirty days after this judgment adjudging the debtor a bankrupt was rendered, unless the running of the time for taking appeal was suspended by a petition for rehearing. See Morse v. United States, 270 U.S. 151, 153, 154 , 46 S.Ct. 241 ; 70 L.Ed. 518 , citing cases. Appellant filed a petition for rehearing on September 10, 1936, but it appears to be directed to certain action of the Referee rather than to the order of adjudication. *349 However, even if we assume there was a valid petition for rehearing which…

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