In re Collins

Good Law
141 F. Supp. 25·1956 U.S. Dist. LEXIS 3227
United States District Court, Southern District of CaliforniaMay 18, 1956No. 67977California1,787 words

Opinion

lead Opinion

Yankwich, J.

On September 6, 1955, the amended involuntary petition was filed by certain creditors asking that John Collins doing business as Stan’s Stage Coach Stop, be adjudged a bankrupt because while insolvent on or about August 4, 1955, he made or suffered a fraudulent transfer of his property under the provisions of Section 67, 11 U.S.C.A. § 107 , and Section 70, 11 U.S.C.A. § 110 , of the Bankruptcy Act. The alleged act' of - bankruptcy of which the Referee found the debtor guilty is stated in the Amended Complaint in this manner:

The Referee found- these to be true. [Findings III and IV]

The facts other than insolvency need not detain us. For the entire dispute on review centers on the finding of insolvency which is challenged as unsupport-, ed by the evidence.

After hearing the matter on review, it; was remanded by the undersigned to the. Referee on February 27, 1956, with di-. rection to hear the testimony of the wife: of the bankrupt and such additional testimony as may be offered as to the circumstances in which the real property, the family home, now standing in the name of the wife was placed in her name:

- The Referee heard the additional testimony and made his return which,…

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