England

Appellants Charles P. Trafficante and Paul J. Trafficante (individual partners) appeal from an order of the District Court which set aside the individual discharges in bankruptcy granted them by the Referee.

Appellants filed individual voluntary petitions in bankruptcy, and a short time later Charles Edward & Associates, a partnership composed of the two appellants, was adjudicated a bankrupt in an involuntary proceeding. The two individual estates and the partnership estate were consolidated for the purposes of administration.

The Referee fixed November 10, 1958, as the time for filing objections to the discharges of the individual partners as well as the partnership itself. Prior to that date, the Trustee petitioned the Referee for an order extending the time within which to file objections. By inadvertence, the prayer of the petition requested time within which to object to the discharges of the individual partners but no such request was made for the partnership. The order granting the extension was likewise limited to the individuals.

Within the extended time, the Trustee filed objections to the discharges of both the partnership and the individual partners. The five…