Brack v. Gross

SOPER, Circuit Judge.

In this case a judgment creditor of a bankrupt estate seeks to set aside a discharge in bankruptcy on the ground that in a previous bankruptcy proceeding the same debt was listed by the bankrupt and the proceeding was dismissed without a discharge of debts on account of the failure of the bankrupt to pay the filing fee. The defense, which was sustained in the District Court, is res judicata, based on the ground that the creditor made and lost a previous attempt in the District Court to set aside the discharge.

In June, 1936, William F. Brack, the appellant,- obtained a…