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Harris v. Zion's Savings Bank & Trust Co., 317 U.S. 447 (1943)

Harris v. Zion's Savings Bank & Trust Co.

No. 268

Argued December 17, 1942

Decided January 11, 1943

317 U.S. 447


1. Without leave of the state court which appointed him and which has jurisdiction over him, an administrator may not revive a proceeding instituted by his decedent under § 75 of the Bankruptcy Act, nor initiate proceedings to have the estate adjudged bankrupt and for other relief under § 75(s) of that Act. P. 317 U. S. 449.

2. Notwithstanding the provisions of § 75(c) of the Bankruptcy Act providing that "a petition may be filed by any farmer" for the extension and composition of his debts, and of § 75(r) declaring that, "[f]or the purposes of this section, . . . the term "farmer" . . . includes the personal representative of a deceased farmer," where the law of a State prohibits an administrator from dealing with the real estate, or conditions his power so to do, Congress did not intend to override that law and confer upon an administrator -- a mandatory of state power -- a privilege at war with the law of his official being. P. 317 U. S. 450.

Page 317 U. S. 448

3. Section 8 of the Bankruptcy Act is inapplicable. Order 50(9) of the General Orders in Bankruptcy held applicable. P. 317 U. S. 452.

127 F.2d 1012 affirmed.

Certiorari, post, p. 609, to review the affirmance of a judgment dismissing the petition of an administrator to revive a proceeding under § 75 of the Bankruptcy Act, and rejecting an amended petition for relief under § 75(s).

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