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IN RE OKAMOTO

No. 71-3013.

491 F.2d 496 (1974)

In the Matter of Ben OKAMOTO, Alleged Bankrupt. HORNBLOWER & WEEKS-HEMPHILL, NOYES, Petitioner-Appellant, v. Ben OKAMOTO, Alleged Bankrupt-Appellee.

United States Court of Appeals, Ninth Circuit.

January 21, 1974.

Attorney(s) appearing for the Case

John A. Donnelly, Claire D. Johnson, William Smiland (argued), of Donnelly, Clark, Chase & Haakh, Los Angeles, Cal., for appellant.

Robert L. Ordin, Richard F. Broude (argued), Los Angeles, Cal., for appellee.

Before ELY and CHOY, Circuit Judges, and SOLOMON, District Judge.

OPINION

ELY, Circuit Judge:

On November 28, 1969, Hornblower & Weeks-Hemphill, Noyes (hereinafter "Hornblower") filed a petition that Okamoto be adjudged an involuntary bankrupt. Hornblower attempted to proceed as the sole petitioning creditor, pursuant to section 59(b) of the Bankruptcy Act, 11 U.S.C. § 95(b). Okamoto's answer alleged that he was indebted to more than eleven creditors, and the answer was accompanied by a schedule listing twenty...

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