Beecher

Beecher v. Federal Land Bank

Good Law
153 F.2d 982·1945 U.S. App. LEXIS 3181
United States Court of Appeals for the Ninth CircuitAugust 3, 1945No. 10391California2,483 words

Opinion

Lead Opinion

Pursuant to our order of June 6, 1945, appellant and appellees have each filed *984 their briefs herein, which have been duly-considered by the court.

The order of the referee of April 30, 1940, purporting to stay all judicial proceedings against the bankrupt farmer or hi» property and to permit the debtor to retain possession of the latter for the period of three years was made without (a) the approved appraisal provided in subsection s of section 75, 11 U.S.C.A. § 203 , sub. s, or (b) the setting aside to the debtor of his unencumbered exemptions, or (c) • the ordering of the possession of the remainder of the debtor’s property to remain in the debtor as prayed for by him, as provided in paragraph (1) of subsection s of section 75 of the Act, or (d) the fixing of a semi-annual rental for the property in the farmer’s possession as required by paragraph (2) of subsection s of section 75 of the Act.

Since (a), (b) and (c) are conditions to be complied with prior to the making of the order of April 30, 1940, as provided in paragraph (2) of subsection s of section 75, the failure to comply with them makes the stay and possession order of 1940 void. Cf. our order of June 6,…

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