Warren

Warren v. Security-First Nat. Bank

Good Law
121 F.2d 822·1941 U.S. App. LEXIS 3333
United States Court of Appeals for the Ninth CircuitJuly 28, 1941No. 9727California1,971 words

Opinion

Lead Opinion

Garrecht, J.

On April 19, 1940, appellant here, Blanche Augusta Warren, as petitioner under Chapter XII of the act of Congress relating to bankruptcy, 52 Stat. 840 , 916, 11 U.S.C.A. § 801 et seq., filed her petition in the District Court of the United States for the Southern District of California, Central Division, alleging that she had pending an arrangement whereby her secured obligation to Security-First National Bank of Los Angeles, a national banking association, would be either paid in full or refinanced on terms satisfactory to such secured creditor.

The petitioner further alleged that said secured creditor, under deed of trust executed by petitioner, was about to sell certain described property, which, if carried out, would deprive petitioner of the benefit of the said Bankruptcy Act, to her great and irreparable loss and damage. A restraining order was prayed for.

The judge of said District Court on said April 19, 1940, entered his order restraining such sale. On the same day appellant’s said petition under the Bankruptcy Act was approved, and the matter referred to one of the referees in bankruptcy of said court In this order occurs the language: “that the said Blanche Augusta…

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