SUMIDA v. YUMEN

Nos. 26223, 26341.

444 F.2d 1281 (1971)

Masaru SUMIDA et al., Appellants, v. Fusao YUMEN et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 27, 1971.


Attorney(s) appearing for the Case

William S. Ellis, Jr. (argued), in pro. per.

Ralph E. Corey, Honolulu, Hawaii, for other appellants.

B. Martin Luna (argued), William F. Crockett, Walter T. Shimoda, Wailuku, Hawaii, Daniel H. Case, Luman N. Nevels, Jr., Genro Kashiwa, Honolulu, Hawaii, for appellees.

Before KOELSCH, CARTER and KILKENNY, Circuit Judges.


JAMES M. CARTER, Circuit Judge:

This case arises out of a dismissal of a Chap. XII petition for a real property arrangement. Two questions are presented: (1) where the debtors (appellants) withdraw the proposed real property arrangement but failed to submit a new or amended proposal before or at the meeting of creditors, is the bankruptcy referee required by Sec. 481 of the Bankruptcy Act, 11 U.S.C. § 881, either to adjudicate the debtor a bankrupt or to dismiss...

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