In re Von Borries
District Court, E.D. Wisconsin
In Bankruptcy. On objections to discharge of bankrupt. This is an application for a discharge in a voluntary ease, wherein the petition was filed November 16, 1908. No assets were scheduled, except what were covered by the exemption laws of the state. December 15, 1908, these exemptions were allowed by the referee. No trustee was appointed, and the case was closed.
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In Bankruptcy. On objections to discharge of bankrupt. This is an application for a discharge in a voluntary ease, wherein the petition was filed November 16, 1908. No assets were scheduled, except what were covered by the exemption laws of the state. December 15, 1908, these exemptions were allowed by the referee. No trustee was appointed, and the case was closed. The usual certificate was filed by the referee February 1, 1909. On January 19, 1909, the bankrupt filed a petition for a discharge. Objections to a discharge were filed by a creditor on the ground that in March, 1906, Von Borries…
1Opinion of the Court
QUARLES, District Judge.
The Circuit Court of Appeals of the Eighth Circuit, in Kurtz v. Young, 131 Fed. 720, 65 C. C. A. 477, lays down the rule that the failure of the bankrupt to apply for a discharge during the statutory period of one year amounts in law to a conclusive determination as to the parties then before the court on the principle of res adjudicata. This doctrine has been followed by several of the federal courts, among which are In re Weintraub (D. C.) 133 Fed. 1000; In re Elby (D. C.) 19 Am. Bankr. Rep. 734, 157 Fed. 935.
At first blush it would seem that the doctrine of res…
2Cases cited5 opinions
- Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
- In re KufflerCourt of Appeals for the Second Circuit · 1907
- In re FahyDistrict Court, N.D. Iowa · 1902
- In re ElbyDistrict Court, N.D. Iowa · 1907
- In re WagnerDistrict Court, D. Nevada · 1905
3Cited by9 opinions
- Bacon v. Buffalo Cold Storage Co.Court of Appeals for the Fifth Circuit · 1912
- Hisey v. Lewis-Gale Hospital, Inc.District Court, W.D. Virginia · 1939
- In Re ZeilerDistrict Court, S.D. New York · 1937
- In Re CederbaumDistrict Court, S.D. New York · 1939
- In re CooperDistrict Court, D. New Jersey · 1916
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