Stanley Forman Reed

“ The reason for taking the later date for beginning the running of the time for review is that the opening of the earlier order by the court puts the basis of that earlier order again in issue. A refusal to modify the original order, however, requires the appeal to be from the original order, even though the time is counted from the later order refusing to modify the original. An appeal does not lie from the denial of a petition for rehearing. ”

“ We do not think Section 39, sub. c, was intended to be a limitation on the sound discretion of the bankruptcy court to permit the filing of petitions for review after the expiration of the period. The power in the bankruptcy court to review orders of the referee is unqualifiedly given in Section 2 (10) . The language quoted from Section 39, sub. c, is rather a limitation on the 'person aggrieved' to file such a petition as a matter of right. [16]
The review out of time of the Commissioner's orders is then a matter for the discretion of the District Court. ”

“ When the section was amended after the Radford case, the committee reports treated the paragraph of sub. § as quoted in note 3 separately from the succeeding numbered paragraphs and the language connotes the idea that the proviso relates only to appeals from the appraisal. The comment is as follows: 'It provides that the referee, under the jurisdiction of the court, shall designate and appoint appraisers, to appraise all of the property of the debtor, at its then fair and reasonable market value. ”