Legal Opinion

In Re Wernecke

District Court, W.D. New York

Decided September 12, 1932No. 18673PublishedCited by 8 opinions

1Opinion of the Court

KNIGHT, District Judge.

The objecting creditor obtained a judgment against the bankrupt as the result of an assault. He now desires to prevent a discharge of the judgment debt on the ground that it falls within section 17 (2) of the Bankruptcy Act (11 USCA § 35(2), and therefore is not dischargeable. This section provides that a discharge shall release a bankrupt from all of his provable debts except such as are liabilities for obtaining property by false pretenses or representations, or for willful and malicious injuries to the person or property of another.

The bankrupt contends that the jury…

2Cases cited6 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. Peters v. United States ex rel. KelleyCourt of Appeals for the Seventh Circuit · 1910
  3. Delaware Indians v. Cherokee NationSupreme Court of the United States · 1904
  4. In re MaplesDistrict Court, D. Montana · 1901
  5. In re DixonDistrict Court, W.D. New York · 1927

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Rosen v. ShingleurLouisiana Court of Appeal · 1950
  2. Mills v. Ellerbee (In Re Ellerbee)United States Bankruptcy Court, N.D. Georgia · 1995
  3. Kite v. HamblenTennessee Supreme Court · 1951
  4. In Re DrowneDistrict Court, D. Rhode Island · 1954
  5. Thibodeau v. MartinSupreme Judicial Court of Maine · 1944

3 more not listed; retrieve them via the Exa API.

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