In re Austin Resort & Land Co.

Four petitions seek to review two orders of the referee, viz., (1) the order made June 24, 1935, by which the referee rescinded, vacated, and set aside his order confirming the election of J. A. Ratchford, as trustee in bankruptcy, and (2) a later order made on the same day by which said referee appointed E. T. Williams as such trustee.

The facts are undisputed. On the 22d day of June, 1935, the first meeting of creditors was lield before the referee. Three persons were nominated for the office of trustee: J. A. Ratchford, who claimed he was entitled to vote sixteen claims, aggregating $3,899.89; Walter Reichert, supported by the votes of four claims, aggregating $1,692.87; and F.H. Boggs, supported by the votes of four claims, aggregating $1,295.09. Among the claims which were voted by the nominee Ratchford was that of Rauer’s Law & Collection Company, a corporation, in the sum of $2,040.64, voted by the attorney for the collection company, who stated to the referee that claimant would waive all security under said claim. The referee believing that the nominee Ratchford had the support of the majority of claims voted, both in number and amount, announced and confirmed his…