In re Brown

This matter is now before the court for review of the referee’s order denying a motion to dismiss a proceeding under *904 Chapter XIII (Wage Earners’ Plans) of the Bankruptcy Act [ 30 Stat. 544 (1898), as added, 11 U.S.C.A. §§ 1001-1086 ], pursuant to section 2, sub. a (10) of that Act, 11 U.S.C.A. § 11 (a) (10).

The plan under consideration is one solely for an extension. A petition for its confirmation was filed December 19, 1956. The referee confirmed it on February 7, 1957. On May 3, 1957, the debtor was ordered to show cause why the proceedings should not be dismissed upon the ground that within six years prior to the commencement of the proceedings she had received a discharge in a previous bankruptcy proceeding. This order was issued at the request of the petitioner, a non-consenting creditor.

On May 16, 1957, a hearing was held both upon the order to show cause and a motion by the non-consenting creditor to dismiss the proceedings for the grounds stated in the order to show cause.

In an order dated January 15, 1958, the referee denied the motion to dismiss the proceedings on the ground that a pri- or discharge in bankruptcy, within six years prior to filing such a…