Owen v. Rhodes

FLANIGAN, Chief Judge.

Defendants appeal from the trial court’s order denying their motion to quash execution. It is the position of defendants that the attacked order was erroneous because the underlying judgment was “duly scheduled” by defendants in their voluntary bankruptcy proceeding and “the effect of a discharge in bankruptcy on a judgment rendered prior to discharge is to nullify the judgment and strip it of all legal effect.” This court holds that defendants’ assertion of the affirmative defense of discharge in bankruptcy was made too late and that the trial court acted properly in…