Commercial & Exchange Bank v. McDaniel

Shulman, Judge.

Appellant brought suit in July 1976 on a promissory note executed by appellee in 1973. Appellee answered, pleading, among other defenses, a discharge in bankruptcy. Subsequent investigation showed that the debt to appellant was not listed in the bankruptcy petition. The attorney who represented appellee in the bankruptcy court filed a motion in that court to reopen the case and moved for leave to amend the schedules in the bankruptcy petition. The bankruptcy judge issued an order reopening the case. Appellant was notified and apparently filed an objection to the discharge of…