BANKRUPTCY - REORGANIZATION - NATURE OF FARMER-DEBTOR'S RIGHT TO ADJUDICATION UNDER SECTION 75 (s)

Authors

Louis C. Andrews, Jr., University of Michigan Law School

Abstract

Plaintiff, a farmer, filed his original petition May 3, 1934, under section 74 of the Bankruptcy Act. Eleven months later he amended his petition, seeking relief under section 75 (a)-(r). Until March 2, 1940, no progress was made, and at that time the plaintiff sought adjudication under subsection (s). The district court entered an order that the petition be denied and the mortgagee's title recognized. The circuit court of appeals affirmed, stating that the petitioner had an affirmative duty to proceed diligently in obtaining a composition and extension agreement under subsections (a)-( r). Held, reversed. The benefits of section 75 (s) are not conferred in the discretion of the court. Adjudication thereunder is not conditioned on diligence in seeking a composition and extension agreement under subsections (a)-(r). Wright v. Logan, 315 U.S. 139, 62 S, Ct. 508 (1942).

Recommended Citation

Louis C. Andrews, Jr., BANKRUPTCY - REORGANIZATION - NATURE OF FARMER-DEBTOR'S RIGHT TO ADJUDICATION UNDER SECTION 75 (s), 41 Mich. L. Rev. 159 (1942).
Available at: https://repository.law.umich.edu/mlr/vol41/iss1/11