In re Elby
District Court, N.D. Iowa
In Bankruptcy. On petition of 'bankrupt for review of order of referee restraining him from further prosecution of the bankruptcy proceedings, and dismissing said proceedings.
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In Bankruptcy. On petition of 'bankrupt for review of order of referee restraining him from further prosecution of the bankruptcy proceedings, and dismissing said proceedings. Erom the certificate of the referee and the record of the proceedings which he has sent therewith it appears that on January 31, 1905, the petitioner was adjudged bankrupt by this court upon his own petition, and the matter sent to a referee, who concluded the case before him and returned the record to the clerk which was duly approved by the court November 5, 1906. The bankrupt did not file a petition for discharge,…
1Opinion of the Court
REED, District Judge.
The failure of tire bankrupt to apply for a discharge in the first bankruptcy proceedings, and the approval of the record of such proceedings by the court without granting a discharge, are in effect a judgment by default in favor of his then existing ■ creditors that the bankrupt was not entitled to a discharge from their claims, and that judgment is conclusive in favor of such creditors. Kuntz v. Young, 131 Fed. 719, 65 C. C. A. 477. This decision is by the Court of Appeals of this circuit, and is controlling upon this court. When, therefore, it is made to appear to the…
2Cases cited1 opinion
- Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
3Cited by8 opinions
- Bacon v. Buffalo Cold Storage Co.Court of Appeals for the Fifth Circuit · 1912
- In Re ZeilerDistrict Court, S.D. New York · 1937
- In re Von BorriesDistrict Court, E.D. Wisconsin · 1909
- In Re DunnDistrict Court, M.D. Georgia · 1966
- Siebert v. DahlbergCourt of Appeals for the Eighth Circuit · 1914
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