West Hills Memorial Park v. Doneca

Type

Opinion of the Court

Author

Bert Emory Haney

Filed

Nov. 9, 1942

Case

West Hills Memorial Park v. Doneca

Case status

Decided

The first passage of the document, as extracted by the source provider.

HANEY, Circuit Judge. Review is sought of an order affirming an order, of a referee in bankruptcy, appointing a trustee. West Hills Memorial Park, a corporation, on May 23, 1941, was adjudicated a bankrupt on a j etition filed by three creditors of such corporation on July 3, 1940. The first meeting of creditors was held on June 30, 1941. Fifteen creditors having claims totalling $5,202.54, each claim being for an amount in excess of $50., voted their claims for one Cole, as trustee, and will be hereafter called the Cole group. Other claims totalling $5,288.96 were voted for one Bollenbach, and will be referred to as the Bollenbach group. Included in the latter group was a claim for $2,500 filed by the administrator of the estate of one Kavanaugh, deceased, hereafter called the Kavanaugh claim. The descriptive part of the proof of claim reads as follows: * * that said bankrupt was, at and before the filing of the petition in bankruptcy in this case, and still is, justly and truly indebted to the said claimant in the sum of $2,500.00. That the consideration of said debt is as follows: Legal services rendered: Between May 1, 1935 and October 1, 1938. * * *” The Bollenbach group also …

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