Bernards

Bernards v. Johnson

Good Law
139 F.2d 228·1943 U.S. App. LEXIS 2249
United States Court of Appeals for the Ninth CircuitNovember 17, 1943No. 10530California935 words

Opinion

Lead Opinion

Healy, J.

This case, which began as a farmer-debtor proceeding under § 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 , has had a lengthy history in both trial and appellate-courts. The earlier proceedings are described in our opinion on a former appeal, 103 F.2d 567 , and in the opinion of the Supreme Court on certiorari, 314 U.S. 19 , 62 S.Ct. 30 , 86 L.Ed. 11 .

We will not go over the same matters, again. Enough to say that through foreclosure certain creditors — appellees here —obtained title to and possession of parcels of the debtors’ property, and that a trustee in bankruptcy was appointed to liquidate the balance of the estate. On the appeals-above mentioned the debtors attempted unsuccessfully to obtain a reversal of those proceedings. After mandate went down they undertook, with equal futility, to> renew a battle already lost.

On January 8, 1943, they filed a motion in the bankruptcy -court asking for six separate orders. The substance of this motion was that the court reconsider and vacate prior adverse orders, and that the-debtors be afforded the relief to which they *229 claimed to be entitled under § 75, sub. s, of the Act. This motion was denied by the court January 30,…

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