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MARSHALL v. SHOWALTER

No. 39741.

245 F.Supp. 365 (1965)

In the Matter of Everette Marshall, Alleged Bankrupt. Everette MARSHALL, Petitioner, v. Earl SHOWALTER, Jr., d/b/a Showalter Custom Service, Valley Concrete Company, and W. F. Woodside, d/b/a Woodside Seed Growers, Respondents.

United States District Court D. Colorado.

September 16, 1965.

Attorney(s) appearing for the Case

Haskell, Helmick, Carpenter & Evans, Forrest E. Cook, Denver, Colo., for Everette Marshall.

David A. Gushurst, La Junta, Colo., for Earl Showalter, Jr., d/b/a Showalter Custom Service.

Rexford L. Mitchell, Rocky Ford, Colo., for Valley Concrete Co. and W. F. Woodside d/b/a Woodside Seed Growers.

WILLIAM E. DOYLE, District Judge.

The petitioner herein was adjudged a bankrupt by the Referee in an involuntary proceeding and the matter is before this Court for review. The Referee has certified two questions. They are:

1. Was the transfer or assignment by Petitioner to his wife of his undivided one-half interest in a promissory purchase money note fraudulent, and made to hinder and delay his creditors, thus constituting an act of bankruptcy?

2...

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