Legal Opinion

In the Matter of Ben Okamoto, Alleged Bankrupt. Hornblower & Weeks-Hemphill, Noyes v. Ben Okamoto, Alleged Bankrupt-Appellee

Court of Appeals for the Ninth Circuit

Decided January 21, 1974No. 71-3013PublishedCited by 17 opinions

1Opinion of the Court

OPINION

ELY, Circuit Judge:

On November 28, 1969, Hornblower & Weeks-Hemphill, Noyes (hereinafter “Hornblower”) filed a petition that Okamoto be adjudged an involuntary bankrupt. Hornblower attempted to proceed as the sole petitioning creditor, pursuant to section 59(b) of the Bankruptcy Act, 11 U.S.C. § 95(b). Okamoto’s answer alleged that he was indebted to more than eleven creditors, and the answer was accompanied by a schedule listing twenty-one creditors. The Referee in Bankruptcy conducted a hearing under section 59(d) 1 and found that Okamoto had nineteen unsecured creditors which must…

2Cases cited3 opinions

  1. In re BlountDistrict Court, E.D. Arkansas · 1906
  2. Grigsby-Grunow Co. v. Hieb Radio Supply Co.Court of Appeals for the Eighth Circuit · 1934
  3. Pete Lien & Sons, Inc. v. Colorado Lime Co.District Court, D. Colorado · 1969

3Cited by17 opinions

  1. Crown Heights Jewish Community Council, Inc. v. Fischer (In Re Fischer)District Court, E.D. New York · 1996
  2. Sipple v. Atwood (In Re Atwood)District Court, S.D. Georgia · 1991
  3. In Re MossUnited States Bankruptcy Court, N.D. Texas · 2000
  4. In the Matter of Timothy J. Rassi and Virginia Rassi. Jefferson Trust and Savings Bank of Peoria v. Timothy J. Rassi and Virginia RassiCourt of Appeals for the Seventh Circuit · 1983
  5. In Re Molen Drilling Co., Inc.United States Bankruptcy Court, D. Montana · 1987

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