Cohan

The appeal is from an order denying appellant’s motion to set aside an adjudication in bankruptcy under the provisions of sub-section s of section 75 of the bankruptcy act, 11 U.S.C.A. § 203 , sub. s.

Appellees are husband and wife. For convenience they will be referred to as the debtor. On August 13, 1937 the debtor filed his petition seeking relief under the conciliation features of § 75. His extension proposal was accepted by the requisite number of his creditors and was confirmed by the court in May, 1938, over the objec *851 tion of appellant. The latter is a creditor under a deed of trust of farm property belonging to the debtor. By the terms of the approved proposal the court retained jurisdiction for the purpose of supervision and control. In September, 1939, on application of the debtor, the court modified the extension plan in certain particulars. On appeal its action was affirmed by this court. Cohan v. Elder, 9 Cir., 112 F.2d 967 . The antecedent facts are fully stated in that opinion.

On July 3, 1940, the debtor amended his petition, alleging under oath that he felt himself aggrieved by the composition and extension, and asked to be adjudged bankrupt in conformity…