31 F.2d 110 | 9th Cir. | 1929
The question for decision in this ease is simply this: May an equity receiver of a corporation, appointed by a federal court with the consent of the court appointing him and with the consent of the bankruptcy court, resist an involuntary petition in bankruptpy filed against the corporation for which he is receiver under
If, as held by this court in Petition of Shortridge, 20 F.(2d) 638, the jurisdiction of courts of bankruptcy established by the Bankruptcy Act is exclusive of all other courts, whether state or federal, it would seem to follow that a court of equity has an unquestioned right to take such steps as may be deemed necessary to protect its jurisdiction, by directing its receiver to resist an involuntary petition in bankruptcy, which may be without merit or wholly unauthorized.
In view of this conclusion, it becomes unnecessary to consider whether an appeal should have been allowed in the first instance, or whether such an appeal can be allowed in a matter of this kind by a single Circuit Judge.
The order of the court below is affirmed.