Dombrowski

Dombrowski v. Beu

Good Law
114 F.2d 91·1940 U.S. App. LEXIS 3072
United States Court of Appeals for the Ninth CircuitJuly 26, 1940No. 9437California1,525 words

Opinion

Lead Opinion

Garrecht, J.

On September 24, 1934, in the District Court of the United States, Southern District of California, Central Division, appel-lees filed their petitions alleging that they *92 were engaged primarily in farming; that they were unable to meet their debts as they matured and representing to the court that they desired to effect a composition or an extension of time to pay their debts under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 . The petitions were accompanied by a schedule of creditors, wherein Leesa Dombrowski appeared listed as a secured creditor. Property schedules were also filed. The petitions were approved and referred to the court’s Conciliation Commissioner for further proceedings as required by law. On January 5, 1935, appel-lees filed an amended offer of settlement of debts which, among other things, contained the following:

' Appellant accepted said amended offer “in entire and complete satisfaction of her claim against said estate, provided the terms of the settlement as therein set forth are carried out * * Other creditors also accepted the amended offer.

In January, 1935, the Conciliation Commissioner approved said proposal and recommended the same "for…

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