IN RE PERRY

No. 15809.

340 F.2d 588 (1965)

In the Matter of Warren W. PERRY, Debtor. Warren W. PERRY, Appellant, v. COMMERCE LOAN COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

January 25, 1965.


Attorney(s) appearing for the Case

Robert J. Harris, Cincinnati, Ohio, for appellant.

R. Howard Smith, Newport, Ky., for appellee.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and KENT, District Judge.


PER CURIAM.

Perry, the debtor, filed in the District Court a Wage Earner Plan under Chapter XIII of the Bankruptcy Act, 11 U.S.C. §§ 1001-1086. His petition revealed, however, that he had previously filed a petition in bankruptcy within six years of filing the Wage Earner Plan and had been granted a discharge in bankruptcy. The referee, for that reason, denied his application for confirmation of the plan and upon motion of a creditor dismissed the petition...

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