Miller's Apparel, Inc. v. H. Simonoff & Son, Inc.

ANDERSON, Circuit Judge.

This appeal from an order of the Bankruptcy Court adjudicating the appellant bankrupt involves an important question as to proper procedure in composition.

*508A creditors’ petition was filed against the appellant on December 17, 1927. Before adjudication, on January 18, 1928, the appellant filed a- petition stating that it proposed to offer a composition of 25 per cent., and praying for a meeting of creditors to consider and act upon such proposition. The ease was thereupon referred to the referee for appropriate proceedings — report to be filed within 40 days. The…