95 F.2d 252 | 5th Cir. | 1938
Loosely and informally presented to the court, this record consists of a file of papers containing a petition for leave to appeal informa pauperis from an order dismissing a proceeding under subsection (s) of section-75 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 203(s). An uncertified copy of the order sought to be reviewed is attached. Dated January 4, 1938, it sustains objections-to the debtor’s proposal to her creditors, and denies her leave to amend in order to obtain-the benefits of said subsection (s), but grants leave to file a voluntary petition in bankruptcy.
Several reasons present themselves, but we think the petition should be denied on the certificate of the trial court that, in its opinion, the appeal was not taken in good faith. By the express terms of the statute, the right to prosecute an appeal to this court in forma pauperis is withheld in cases where the trial court makes such certificate. 28 U.S.C.A. § 832.
It is ordered that the petition be, and the same hereby is, denied.