In the Matter of Sam James Recile, Bankrupt. Sam James Recile, Bankrupt v. Albert J. Ward, Jr., Trustee for Southern Land Title Corporation, Etc.

The petition for rehearing is denied. In considering the petition for rehearing, however, we noted that on page 682 of 496 F.2d we stated that certain contentions based upon Rule 6(b)(2) of the Federal Rules of Civil Procedure are “without merit, of course, since bankruptcy proceedings are not governed by the Federal Rules of Civil Procedure, and Rule 6(b)(2) is therefore irrelevant”. This observation, which was not essential to the decision, is not in accord with the objectives of the Rules of Bankruptcy Procedure. The Advisory Committee’s Introductory Note to the Preliminary Draft of the…