In re Chaboya

The debtor, Benjamin F. Chaboya, was indebted to the petitioner,- E. B. Anderson, in-the sum of approximately $12,000. This indebtedness was secured by a mortgage on certain real property owned by Chaboya. On May 25, 1933, Anderson commenced foreclosure proceedings in the state court, and on August '21, 1933, secured judgment and decree of foreclosure. Pursuant to the decree of foreclosure, the commissioner appointed by the state court sold the property to Anderson for $12,074.80, being the entire amount due under the mortgage plus expenses of sale. Thereafter, on August 18, 1934, Chaboya filed a petition under section 75 of the Bankruptcy Act, as amended (11 USCA § 203), whereupon this court made orders approving and referring the matter to the conciliation commissioner. On September 11, 1934, certified copies of both orders were served upon the commissioner, who regarded them as restraining him from executing a deed of the property to Anderson. The period of redemption under the foreclosure expired on September 16, 1934. Anderson petitions for an order of this court adjudging that neither this court nor the conciliator has any jurisdiction of the real property or any part…