Agate
Union Oil Co. v. Agate
Opinion
Lead Opinion
Orr, J.
Five persons- named Simmons were partners doing business as Alpine Lodge.
In May 1954, the partnership made four transfers as -follows:
1. To D. W. Clark, May 3, 1954, an account receivable from C. E. Grooms, worth $229.91.
2. To D. W. Clark, May 3, 1954, an account receivable from Oregon Film Service, worth $422.24.
3. To D. W. Clark, May 20, 1954, the sum of $228.85.
4. To Union Oil Company of California, May 20, 1954, the sum of $2271.15.
On August 9, 1954, A. C. Simmons and C. M. Simmons, two of the partners, filed voluntary petitions requesting that they be adjudicated bankrupts and were . so adjudicated on said date.
• On August 10, 1954, the remaining • partners filed similar voluntary petitions and were bn the same day adjudicated bankrupts.. These adjudications brought ’ in all of the individual partners of the Alpine Lodge partnership.
. '- On March 25, 1955, appellee filed a request that' Alpine Lodge, the partnership, be adjudicated a bankrupt pursuant to section 5, sub. i of the Bankruptcy Act, 52 Stat. 485 (1938), 11 U.S.C.A. § 23 , ■ sub. i, and as a result the partnership was adjudged bankrupt and on April 12, 1955 filed schedules of its estate in…