Danciger v. Smith

WALKER, Circuit Judge.

On his voluntary petition, Nelson Kavanaugh Smith was adjudged bankrupt in June, 1921. No assets were listed and no trustee was appointed. Pursuant to an application filed by the bankrupt in August, 1921, an order purporting to discharge him was made by the judge on September 23, 1921. On July 13, 1928, the petitioner, Joseph Daneiger, claiming to be the assignee of the only creditor who had proved his claim and of other creditors who had not proved their claims, filed -a petition to set aside and vacate the order of discharge. That relief was sought on two grounds: (1)…