In re Byrd

COLEMAN, District Judge.

This case is now before the court upon petition of Herbert E. Perkins, assignee of the Kent County Savings Bank, mortgagee, to dismiss the proceedings instituted and prosecuted by Maxwell Hurloclc Byrd under subsection (s) of section 75 of the Bankruptcy Act, as amended in 1935 (11 U.S.C.A. § 203 (s). Byrd, the debtor, has answered this petition claiming that the proceedings should not be dismissed, but that he is entitled to the statutory moratorium granted by subsection (s) of section 75 of the act and all of the other rights incident thereto. Hearings have been had,…