City of Milwaukee v. Pontell

The issue is whether a tort claim for specific amount of money for property damage based upon negligence is discharged in bankruptcy when no action is pending therefor at the time the petition in bankruptcy is filed. The defendant contends the claim was “fixed” because it was set forth in a dollar amount and therefore was discharged in bankruptcy as a provable claim. We think not.

Not all claims are discharged in bankruptcy. With six exceptions not relevant here, a discharge in bankruptcy by sec. 17 of the Bankruptcy Act releases a bankrupt only from his provable debts. Nonprovable debts and…