Legal Opinion

In re Potter

District Court, E.D. New York

Decided January 24, 1949No. 25088Published

1Opinion of the Court

BYERS, District Judge.

This is a creditor’s motion for an order excepting its judgment of June 4, 1931, against the bankrupt, from' the discharge obtained by him on January 12, 1934, in voluntary bankruptcy proceedings started in August of 1933; thus the motion was made (December 9, 1948) nearly 15 years subsequent to the discharge.

The basis is that the original debt (not the judgment) was also listed in an earlier proceeding filed December 7, 1931, which was closed February 3,- 1932, not, however, as the motion' papers state, for failure to pay the referee’s indemnity, since the latter filed…

2Cases cited6 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
  3. Loughran v. Hazleton Mercantile Co.Court of Appeals for the Third Circuit · 1914
  4. In re SilvermanCourt of Appeals for the Second Circuit · 1907
  5. In re SpringerDistrict Court, E.D. North Carolina · 1912

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