Goldberger v. Simco, Inc. (In re Traffic Safety Co.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether we should enjoin Simco, Inc. (“Simco”), a creditor of the bankrupt, whose claim has been dis*752charged in the proceeding before us, from continuing an action brought in the United States District Court for the District of Nebraska against the bankrupt. We conclude that, under the facts in this case, the creditor should not be so enjoined because its action does not seek to enforce the discharged debt as a personal liability of the bankrupt but merely seeks to establish the bankrupt’s liability in order to permit the…