In re Goodrich Manufacturing Co.

Kal W. Lines, who has received from fifty-one creditors of the bankrupt, Goodrich Manufacturing Company, powers-of-attorney to cast their votes for trustee of the bankrupt’s estate, seeks on behalf of such creditors a review of the . Referee’s order appointing John M. England as trustee in disregard of the votes cast by Lines. The appointed trustee has moved to dismiss the petition for review on the ground that Lines has no specific authority to petition on behalf of the creditors for whom he purports to act. The validity of the powers-of-attorney held by Lines is not questioned. In my opinion, the power specifically given therein to vote for trustee includes power to protect that vote by seeking a review of the order of the Referee appointing a trustee in disregard of such vote. The motion to dismiss is denied.

The petition for review alleges that the fifty-one creditors represented by Lines are a majority of the bankrupt’s creditors both in number and in amount of claims. It contends that their votes cast by Lines for himself as trustee were erroneously rejected by the Referee on the ground that their claims were not timely filed.

In rejecting the votes cast, the Referee held…