Rosenberg
Rosenberg v. Heffron
Opinion
Lead Opinion
Mathews, J.
Jennie Rosenberg was adjudged a bankrupt on March 21, 1939. An order of reference was made on that date. A trustee was appointed on January 14, 1941. Thereafter the trustee brought an action against Lloyd Vaughn and the bankrupt in a State court of California to recover for the estate certain property the title to which stood in Vaughn’s name. Vaughn denied that the trustee had any right, title or interest in or to the property. However,, on April 16, 1941, he offered to compromise the controversy between himself and the trustee by paying the trustee $5,000 for whatever right, *81 title or interest the trustee had. The trustee petitioned the bankruptcy court — the District Court of the United States for the Southern District of California — for an order authorizing him to accept Vaughn’s offer. The referee, over the bankrupt’s objection, made and entered such an order on May 15, 1941. A petition to review that order was filed by the bankrupt on May 29, 1941.
On June 14, 1941, the referee made and entered an order enjoining the bankrupt from further prosecuting a cross-complaint which she had filed against Vaughn in the State court action. A petition to review that order was filed…