In re National Mortg. Corp.

FAKE, District Judge.

The issues here arise on a motion to strike out the petition filed under section 77B of the Bankruptcy Act (11 U.S.C.A. §. 207).

It is argued that the debtor is an insurance company and as such excluded from bankruptcy proceedings under the language of section 4 of the Bankruptcy Act (as amended 11 U.S.C.A. § 22) exempting insurance companies from its provisions.

The first allegation of the petition reads As follows : “Upon information and belief, the National Mortgage Corporation, hereinafter called the ‘Debtor’, was organized on October 16, 1925 under Article 5 of the…