Craig L. Edins and Mary P. Edins Debtors v. Helzberg's Diamond Shops, Inc., and William Porter, Receiver in Bankruptcy

U.S. Court of Appeals for the Tenth Circuit
Craig L. Edins and Mary P. Edins Debtors v. Helzberg's Diamond Shops, Inc., and William Porter, Receiver in Bankruptcy, 315 F.2d 223 (10th Cir. 1963)
1963 U.S. App. LEXIS 5654
Pickett, Seth, Christenson

Craig L. Edins and Mary P. Edins Debtors v. Helzberg's Diamond Shops, Inc., and William Porter, Receiver in Bankruptcy

Opinion

PER CURIAM.

The United States District Court for the District of Kansas sustained an order of the referee in bankruptcy dismissing proceedings in which the debtors sought confirmation of a wage earner plan for an extension of time to pay their debts in full under Chapter XIII of the Bankrupt *224 cy Act, 52 Stat. 930 (1938), as amended, 11 U.S.C. §§ 1001-1086. The ground for the dismissal was that the proceedings were brought within six years of a prior discharge in bankruptcy. Since the entry of the order we have held that Section 14, Sub. c(5) of the Bankruptcy Act, 66 Stat. 422 (1952), 11 U.S.C. § 32, sub. c(5), should not be construed to bar a wage earner plan under Chapter XIII of the Bankruptcy Act in which the debtor seeks to pay his debts, not to discharge them. In re Holmes, 10 Cir., 309 F.2d 748. For the reasons stated in that opinion, the judgment is reversed.

Reference

Full Case Name
Craig L. EDINS and Mary P. Edins Debtors, Appellants, v. HELZBERG’S DIAMOND SHOPS, INC., and William Porter, Receiver in Bankruptcy, Appellees
Cited By
5 cases
Status
Published