In re Freitas
Opinion
Lead Opinion
Yankwich, J.
On March 7, 1936, a creditors’ petition in involuntary bankruptcy was filed against Alfred De Freitas doing business under the name of Club Seville, a night club conducted upon property located at 8433 Sunset boulevard in Los Angeles, Cal. Coincident with the filing of this petition, there was filed a petition asking for the appointment of a receiver-custodian. The alleged bankrupt consenting to the making of the order, E. A. Lynch was appointed receiver-custodian and qualified on the same day. An adjudication was made on March 30, 1936. E. A. Lynch later became the trustee. Schedules filed on April 10, 1936, showed assets in the sum of $5,582.13, and liabilities in the sum of $55,802.67,
On April 30, 1936, the referee in bankruptcy, upon the verified petition of the trustee, issued an order to show cause requiring Frances De Freitas, the wife of the bankrupt (to whom, for brevity, we shall refer as the wife), to appear and show cause why the title of trustee to the real property in Los Angeles, and its appurtenances, and upon which the business of the bankrupt was conducted, should not be. quieted. The wife made no written answer to the order to show cause. She. appeared on the…