Robert B. Marks, Bankrupt-Appellant v. Milton Brucker, Creditor-Appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
THOMPSON, District Judge:
On May 21, 1965, Brucker sued Marks and Marks’ wife in a state court for $127,195.21 due on a guaranty. On June 15, 1965, Marks filed a petition in bankruptcy. On August 26, 1965, Brucker filed his proof of claim in bankruptcy for the same amount, attaching a copy of the state court complaint as an exhibit. On October 25, 1965, Marks was granted a discharge in bankruptcy. In the meantime, the prosecution of the state court' action continued against Marks et ux. The bankruptcy trustee did not become a party to the action. On July 25, 1966, a settlement agreement was…
2Cases cited28 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Riehle v. MargoliesSupreme Court of the United States · 1929
- Morris v. JonesSupreme Court of the United States · 1947
- United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
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- Anson J. Longtin and Lucille G. Longtin v. Oliver M. Rutter, Trustee of the Estates of Anson J. Longtin and Lucille G. Longtin, BankruptsCourt of Appeals for the Ninth Circuit · 1971
- Reusser v. Wachovia Bank, N. A.Court of Appeals for the Ninth Circuit · 2008