In re Fontan

WILLIAM HAROLD COX, . Chief Judge.

This is a review .of a judgment of the Referee dismissing a Wage Earner Plan under Chapter XIII.

The debtor filed his petition under Chapter 13, Wage Earners’ Plan, 11 U.S. C.A. § 1001 et seq., to avail of the benefits of that Act. The debtor was discharged in bankruptcy on December 8, 1961. This petition was filed on February 4, 1964. The Referee to whom the proceeding was referred by the Court dismissed the application summarily on February 5, 1964, on the ground that the debtor had been discharged in bankruptcy within the proscribed period of six years…