Hall

Appellant is an assignee for the benefit of creditors under an assignment made more than four months prior to the bankruptcy of his assignor. He appeals from a summary order of the bankruptcy court surcharging his account and directing him to pay to the trustee certain sums of money held to be owing the bankrupt estate. The question presented relates to the court’s jurisdiction to make the order.

Jurisdiction of the bankrupt’s estate was acquired under an involuntary petition filed September 18, 1940, pursuant to which an adjudication was made September 23. Thereafter the referee ordered appellant to deliver to the trustee records in his possession pertaining to the business of the bankrupt and to file a schedule of his receipts and disbursements during the operation of the business from December 8, 1939 (the date of the assignment for the benefit of creditors), to September 18, 1940 (the date of filing the bankruptcy petition). Apparently the order was made ex parte. The record does not disclose the prior issuance or service of an order to show cause — the usual step preliminary to the initiation of a summary proceeding.

Appellant complied with the order. His account showed a…