Larson

Larson v. Lane

Good Law
124 F.2d 121·1941 U.S. App. LEXIS 2441
United States Court of Appeals for the Ninth CircuitDecember 1, 1941No. 9773California752 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from an order denying a petition to vacate an order adjudging appellant an involuntary bankrupt.

An involuntary petition was filed against appellant on April 8, 1940, by three corporations claiming to be creditors of appel *122 lant. On April 9, 1940, appellant filed her written consent to be adjudged a bankrupt and, on the same day, was so adjudged. The order of adjudication was not appealed from. The time within which such an appeal might have been taken expired on or before May 19, 1940. 1 On June 27, 1940, appellant petitioned the bankruptcy court 2 to vacate the order of adjudication. The court referred the matter to a special master, who, after a hearing reported his findings and recommended that appellant’s petition be denied. Appellant excepted to the master’s report. The court, after a hearing, entered an order overruling the exceptions and confirming the report, thus, in effect, denying appellant’s petition. This appeal followed.

Having become final before appellant’s petition was filed, the order of adjudication could be vacated only (1) for lack of jurisdiction or (2) for extrinsic fraud. In re Fox West Coast Theatres, 9 Cir., 88 F.2d 212, 221, 222…

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