In re Wara
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…