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Matter of Coleman

Circuit Court of Appeals, Sixth Circuit
Dec 8, 1937
93 F.2d 1001 (6th Cir. 1937)

Opinion

No. 7554.

December 8, 1937.

Appeal from the District Court of the United States for the Western District of Kentucky.

For opinion below, see 21 F. Supp. 923.

D.A. Sachs, Jr., of Louisville, Ky., for appellant.

J.F. Williamson and John S. Grimes, both of Louisville, Ky., for appellee.

Before HICKS and ALLEN, Circuit Judges, and NEVIN, District Judge.


Upon a consideration of the facts as disclosed by the record in this case, this court is of opinion that the District Court was correct in finding (1) "Subsection (s) does not authorize the court to grant an extension of time arbitrarily"; (2) "The debtor's offer of composition and extension was not made in good faith as that term is used in the statute"; and that the court did not err in its order dismissing the petition of petitioner in that court, appellant here. In re Borgelt, 7 Cir., 79 F.2d 929; Steverson v. Clark, 4 Cir., 86 F.2d 330; In re Reichert, D.C., 13 F. Supp. 1, 4, 5; In re Schaeffer, D.C., 14 F. Supp. 807; In re Byrd, D.C., 15 F. Supp. 453; In re Wylie, D.C., 16 F. Supp. 193, 194. All, among others, cited in footnote 6, in Wright v. Vinton Mountain Trust Bank, 300 U.S. 440, 462-463, 57 S.Ct. 556, 562, 81 L.Ed. 736.

The order of the District Court is affirmed.


Summaries of

Matter of Coleman

Circuit Court of Appeals, Sixth Circuit
Dec 8, 1937
93 F.2d 1001 (6th Cir. 1937)
Case details for

Matter of Coleman

Case Details

Full title:In the Matter of Ernest William COLEMAN, Debtor. Ernest William COLEMAN…

Court:Circuit Court of Appeals, Sixth Circuit

Date published: Dec 8, 1937

Citations

93 F.2d 1001 (6th Cir. 1937)