Beecher
Beecher v. Leavenworth State Bank
Opinion
Lead Opinion
Denman, J.
Beecher appeals from an order of the district court entered on April 9, 1948, terminating'the three year stay order provided for in § 75, sub. s(2) 1 of the Bankruptcy Act.
The court in the order appealed from refers to the stay order entered on May 6, 1946. This order was entered on the records of the conciliation commissioner on May 6. 1946, and while we have held, Beecher v. Leavenworth State Bank, 9 Cir., 184 F.2d 502 , that the effective date was the entry by the clerk on June 26, 1947, we hold that the designation of the stay order is sufficient to terminate the stay of the order later entered by the clerk if the termination is otherwise sustainable.
Beecher contends that an illness which had caused a continuance on the order to show cause why the stay should not be terminated continued through the period of the hearing on which the termination was determined, and that there should have been a further continuance of the hearing. An examination of the record requires us to hold that there was no abuse of discretion in refusing a further continuance. Beecher undoubtedly was not a well man, but he was well enough to file a response to the order to show cause. None was filed,.…