Addy

Garden City Canning Co. v. Addy

Caution
116 F.2d 137·1940 U.S. App. LEXIS 2575
United States Court of Appeals for the Ninth CircuitDecember 12, 1940No. 9400California2,628 words

Opinion

Lead Opinion

Garrecht, J.

The appellant was engaged in the packing and canning of fruits and vegetables and drying of fruits. As debtor, it filed its petition for a reorganization under Section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207 , on February 6, 1936, on which date an order was entered in the court below approving the petition as properly filed and permitting the debtor to remain in temporary possession of its properties and fixing March 2, 1936, as hearing date, which hearing was continued to March 12, 1936. March 3, 1936, the debtor filed a verified schedule of its creditors and stockholders and the names of the appellees were included therein as creditors. An order permitting the debtor to remain in permanent possession of its assets until conclusion of the proceedings was entered by the District Judge March 12, 1936. This order, among other things, also provided that all claims of creditors be filed on or before June 15, 1936.

The debtor filed its verified schedules of assets and liabilities April 10, 1936, which listed among others, the following as unsecured creditors:

Addy, W. M.................... $934.

Bowen, J. B..................... 633.

Heidotting, J. J..................…

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