Rosenberg v. Borofsky

ANDERSON, Circuit Judge.

This appeal in bankruptcy presents a single question — whether the bankrupt’s application for a discharge was on October 25, 1923, properly denied because he had, within six years, on his voluntary petition, but without adjudication, had his offer in composition confirmed. The applicable provision of the statute (section 14b [Comp. St. § 9598]) is as follows:

“The judge shall hear the application for a discharge * * * and discharge the applicant unless he has (5) In 'voluntary proceedings been granted a discharge in bankruptcy within six years.”

The record shows that in…