Butts v. Clancy

SWAN, Circuit Judge.

The appellant was adjudicated bankrupt -on November 30, 1938, upon his voluntary petition. No meeting of creditors was held, and on April 21, 1939, the referee in bankruptcy closed the estate for failure of the bankrupt to deposit the required indemnity -of $19, which the referee had demanded on April 6th. Thereafter on January 24, 1940, the appellee obtained a judgment against the appellant in an action in contract brought in a state court. The appellant forthwith secured from the bankruptcy court an ex parte order reopening the proceeding and referring the same to a…