Borchard v. California Bank, 310 U.S. 311 (1940)

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Borchard v. California Bank


No. 752


Argued April 30, 1940
Decided May 20, 1940
310 U.S. 311

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

In a proceeding under § 75(s) of the Bankruptcy Act, the debtors petitioned the conciliation commissioner for an appraisal and the setting aside of the property to them (no action having been taken upon a previous petition); appraisers were appointed and made report to the commissioner of the value of the property, but no stay order fixing terms on which the debtors would remain in possession had been entered. Held, the action of the District Court at that stage, in granting leave to a creditor to sell the property under deeds of trust was contrary to the provisions of § 75(s). P. 316.

107 F.2d 96 reversed.

Certiorari, 309 U.S. 648, to review the affirmance of an order of the District Court, in a proceeding under § 75(5) of the Bankruptcy Act, authorizing the sale of the debtors’ property under deeds of trust.