Legal Opinion
In re Walsh
District Court, N.D. New York
Decided May 11, 1914PublishedCited by 4 opinions
In Bankruptcy. In the matter of bankruptcy proceedings against Mary H. Walsh, bankrupt. On motion of the City Bank of Syracuse to open and vacate an order granting a discharge to the bankrupt and revoking a discharge, on the ground that the bank did not receive notice of the application therefor.
1Opinion of the Court
RAY, District Judge.
[1] Section 15 of the Bankruptcy Act provides :
“Sec. 15. Discharges, When Revoked, (a) The judge may, upon the application of parties in interest who have not been guilty of undue laches, filed at any time within one year after a discharge shall have been granted, revoke it upon a trial if it shall be made to appear that it was obtained through the fraud of the bankrupt, and that the knowledge of the fraud has come to the petitioners since the granting of the discharge, and that the actual facts did not warrant the discharge.”
If a false affidavit should be presented to the…
2Cases cited2 opinions
- In re DowningDistrict Court, N.D. New York · 1912
- In re Griffin Bros.District Court, S.D. Alabama · 1907
3Cited by4 opinions
- In re ApplegateDistrict Court, S.D. New York · 1916
- In re KnepperDistrict Court, N.D. New York · 1935
- In re PopeDistrict Court, N.D. Ohio · 1951
- Joyner v. Bank of MenloSupreme Court of Georgia · 1923