In re Merritt

Good Law
19 F. Supp. 112·1937 U.S. Dist. LEXIS 1821
United States District Court, Northern District of CaliforniaApril 30, 1937No. 27437-SCalifornia1,279 words

Opinion

Lead Opinion

Sure, J.

Petition of Ira R. Long for review of Conciliation Commissioner’s order of February 17, 1937, directing said Long "to deliver’to Etta H. Merritt, bankrupt herein, under subsection (s) of section 75 of the Bankruptcy Act (as amended, 11 U.S.C.A. § 203 (s), certain cattle and other personal property valued by the debtor in her schedules at upwards of $12,000, which Long claims as his own. Petitioner contends that the Conciliation Commissioner is without jurisdiction summarily to determine title to said personal property.

On March 13, 1936, this court approved the debtor’s petition in proceedings under section 75 of the Bankruptcy Act (as amended, 11 U.S.C.A. § 203 ), and referred same to the Conciliation Commissioner. The Commissioner took all necessary steps required by subsections (a) to (r), inclusive, of section 75 (as amended, 11' U.S.C.A. § 203 (a-r), in an attempt to secure a composition and extension. Debtor’s offer of composition and extension was rejected. The Commissioner filed a final report stat-, ing “that this case is finally and completely closed and disposed of so far as the provisions of said subsections (a) to (r) of section 75 are concerned.”

On November 4,…

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