In re Suzuki

The farm debtor above named filed his petition under provisions of section 75 of the Bankruptcy Act (as amended, 11 U.S.C.A. § 203 ) on August 11, 1937. The proceeding has not yet progressed to the point where it is subject to administration under subdivision (s) of the section mentioned (as amended, 11 U.S.C.A. § 203 (s). The Conciliation Commissioner made his order restraining the sale of real property of the debtor, which sale was threatened to be made under default conditions of a deed of trust. The beneficiaries under the trust deed objected to the jurisdiction of the Commissioner to make the order. The facts appear that on the 30th day of August, 1934, the debtor filed a proceeding of the same kind under section 75, describing the same property as subject to the same lien incumbrances. That proceeding was carried on and finally brought under the provisions of subdivision (s), 48 Stat. 1289 ( 11 U.S.C.A. § 203 note); that subdivision being declared unconstitutional. An amended act was passed on August 28, 1935 (section 6) which reinstated the benefits of subdivision (s) in all substantial particulars ( 11 U.S.C.A. § 203 (s). In the amended act it was provided that all cases…