In re Wara

Good Law
116 F.2d 447·1940 U.S. App. LEXIS 2690
United States Court of Appeals for the Ninth CircuitDecember 14, 1940No. 9476California845 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from an order which, upon the recommendation of a referee in bankruptcy, denied the petition of appellant, George A. Wara, a bankrupt, praying that his application for a discharge be set for hearing, that notice thereof be given, and that, upon such hearing, his application be granted.

Appellant was adjudged a bankrupt on February 16, 1938. At that time § 14 of the Bankruptcy Act, 11 U.S.C.A. § 32 , provided:

*448 By § 1 óf the Chandler Act, 1 effective September 22, 1938, § 14 of the Bankruptcy Act was amended to provide:

Section 6, sub. b of the Chandler Act, 11 U.S.C.A. § 1 note, provides: “Except as otherwise provided in this amendatory Act, 2 the provisions of this amendatory Act shall govern proceedings so far as practicable in cases pending when it takes effect; but proceedings in cases then pending to which the provisions of this amendatory Act are not applicable shall be disposed of conformably to the provisions of [the Bankruptcy Act] and the Acts 3 amendatory thereof and supplementary thereto.”

In this case, no application for a discharge was ever filed. A meeting of appellánt’s creditors — of whom, it appears, there were only three — was held on…

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