Opinion
No. 60, Docket 20322.
November 4, 1946.
Appeal from the United States District Court for the Southern District of New York.
Proceeding in the matter of Michael Ware, bankrupt, wherein Bernard Samuels was trustee and Scheffelin Co., the objecting creditor. From an order, the bankrupt appeals.
Affirmed.
From an order of the District Court which confirmed the report of the referee in bankruptcy denying the petition of the above-named bankrupt Michael Ware for an order vacating any default he may have committed in failing to file schedules and to appear for examination at the first meeting of creditors, and to open the said bankruptcy proceedings for all purposes, the bankrupt appeals.
Joseph Goldberg, of New York City, for bankrupt-appellant.
N. William Welling, of New York City, for trustee-appellee and objecting creditor-appellee.
Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.
Order affirmed on the ground that the appeal only involves issues of fact, the disposition of which is not shown to have been erroneous.