10 F. Supp. 785 | S.D. Cal. | 1935
The debtor herein on August 16, 1934, filed her petition under the provisions of section 75 of the Bankruptcy Act, as amended, 11 USCA § 203, alleging that she was a farmer and seeking composition and extension with her creditors. She made an offer to the creditors at a meeting held before the conciliation commissioner, which was refused, whereupon she amended her petition to take advantage of the provisions of subdivision (s) of the same section. The referee, on the motion of Louisa O. Spence, dismissed the petition on the ground that the court had no jurisdiction over the alleged farm property involved. The debtor thereupon brought her petition to the court for review of the referee’s order. Argument was made on the part of the debtor and the moving petitioner and the matter submitted for decision.
The admitted facts are that Louisa O. Spence held a first mortgage against all of the ranch properties scheduled by the debt- or. That mortgage, on November 27, 1933, was foreclosed by a decree entered in the superior court of the state of California, and on December 30, 1933, sale was had under the foreclosure decree and a certificate of sale issued to the mortgagee, Louisa O. Spence. It was approximately eight months after the certificate of sale was issued that the debtor filed her petition to have the advantages of the provisions of section 75 of the Bankruptcy Act, as amended. The question presented is: At the time debtor filed the petition last referred to, was she the owner of the property which she sought to have brought under the jurisdiction of the conciliation commissioner? The question at issue must be solved by looking to the state law to determine just what is the interest of a mortgagor after a foreclosure sale has been had and certificate of sale issued to the purchaser. Under the provisions of section 700 of the Code of Civil Procedure of the State of California, a purchaser at a foreclosure sale acquires all the right, title, and interest of the mortgagor,
It follows that the order of the referee dismissing the petition of the debtor must be confirmed, and it is so ordered. An exception is noted in favor of the debtor.