Steele v. Georgia Finance Inc.

1. The forthcoming bond the condition of which is the production of the property at the time and place of sale does not, before a breach of the bond, constitute “a fixed liability as evidenced by a judgment or an instrument in writing absolutely owing,” and the obligation in the bond does not constitute a debt provable in bankruptcy where the petition in bankruptcy of the obligor was filed before the date of the breach of the bond. Bankruptcy act, § 63. The debt, not being provable in bankruptcy, is not dischargeable in bankruptcy. Bankruptcy act, § 17; Collier on Bankruptcy (13th ed.), 1399,…