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TURNER v. BOSTON

No. 22128.

393 F.2d 683 (1968)

Melvin Jack TURNER, Appellant, v. Julia L. BOSTON, Trustee in Bankruptcy, and Valley Credit Service, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

April 23, 1968.

Attorney(s) appearing for the Case

Donald D. McKown, (argued), Hillsboro, Or., for appellant.

Julia L. Boston, (argued), Portland, Or., in pro. per. Kenneth A. Holmes, Salem, Or., for appellees.

Before JERTBERG and BROWNING, Circuit Judges, and BOLDT, District Judge.

BROWNING, Circuit Judge:

Under the mistaken impression that more than six years had elapsed since the filing of his previous petition, appellant filed a second bankruptcy petition five years, eight months and three weeks after filing his first petition — one hundred days before the expiration of the six-year period provided by 11 U.S.C. § 32(c) (5) (1964).1 There were then no suits pending against him, and no execution or attachments...

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