On Petition for Rehearing.
PER CURIAM.By his motion for rehearing, appellee contends that we erred in the last paragraph of our opinion in that we directed that the bankruptcy court give the trustee an opportunity to meet the prima facie case made by appellants, whereas, appellee says the burden should be on the alleged bankrupt to meet this case. The alleged bankrupt is before this court only in the person of the trustee in bankruptcy. However, it is quite appropriate to provide that on further hearing either the trustee or alleged bankrupt shall be afforded an opportunity to meet the case made out by the in-tervenors. The opinion is modified accordingly.
Appellee also contends that the part of our opinion that stated “All orders allowing fees and commissions would, under such a holding of the Referee (i e., a holding that the adjudication of bankruptcy should be set aside), be void, and such payments would be subject to being repaid to the alleged bankrupt’s estate” is erroneous and should be modified. In support of this contention appellee asserts that the receiver and trustee were passive and neutral in the controversy. This overlooks the basic proposition that an appeal had been taken to this court before the sale was confirmed upon the report of the trustee. All parties who had notice of this fact, (and such notice was actually served on the trustee) acted thereafter at their own risk.
A motion for rehearing by Metal Extrusions, Inc., the alleged bankrupt, has also been filed in this case. Although this motion was filed out of time, more than 21 days having elapsed after the decision of this court, and although the alleged bankrupt does not appear to be a party to this appeal except as represented by the receiver, the motion has *144been considered. The motion is without merit and it is overruled.
Except as modified above, the opinion is reaffirmed as written and both motions for rehearing are
Denied.