In Re Perlman

SWAN, Circuit Judge.

This appeal raises the question of the propriety of reopening an estate which had been closed for failure of the bankrupt to deposit the indemnity required for the expenses of calling the first meeting of creditors.

The appellant, a judgment creditor of Perlman, had caused an order in supplementary proceedings to be served on him, returnable September 7, 1939. Before the return day Perlman was adjudicated a bankrupt upon his voluntary petition filed September 2, 1939. The bankruptcy proceeding was referred to one of the referees in bankruptcy, who, on March 28, 1940 filed…