Goodrich

Goodrich v. England

Good Law
262 F.2d 298
United States Court of Appeals for the Ninth CircuitNovember 5, 1958Nos. 15081, 15501California2,638 words

Opinion

Lead Opinion

Denman, J.

Coy C. Goodrich, hereafter appellant, appeals from two adverse rulings of the District Court in an action for an arrangement with his creditors instituted by Goodrich under Chapter 11 of the Bankruptcy Act ( 11 U.S.C.A. § 701 et seq.). Appellant filed the petition for an arrangement on May 27, 1954, pursuant to 11 U.S.C.A. § 722 . The petition was referred to a referee in bankruptcy in accordance with 11 U.S.C.A. § 731 . Shortly thereafter, on June 29, 1954, appellant petitioned the District Court to dismiss the proceedings. The District Court referred the petition to the appointed referee and after extensive hearings the referee, on December 1, 1954, denied the petition.

On November 15, 1955, the District Court affirmed the referee’s ruling and ordered that arrangement proceedings be continued. On December 13, 1955, appellant filed a notice of appeal to this court. Jurisdiction of this court was invoked under 11 U.S.C.A. §§ 716 , 47, allowing appeals from interlocutory orders in proceedings under the Bankruptcy Act.

During pendency of the appeal from the District Court’s order affirming the referee’s denial of appellant’s motion to dismiss, appellant failed to submit a…

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