Legal Opinion

Tubbs v. McCabe

Superior Court of Delaware

Decided March 1, 1933No. 5PublishedCited by 3 opinions

1Opinion of the Court

Harrington, J.,

delivering the opinion of the Court:

With certain exceptions that need not be considered, Section 17 of the Bankruptcy Act of 1898 (11 USCA § 35) provides that, “A discharge in bankruptcy shall release a bankrupt from all of his provable debts”; and it is not denied that the plaintiffs’ judgment was duly scheduled or that it was in that class of debts covered by the *330statute. A discharge does not, however, extinguish the debt but merely bars the remedy thereon. Winter v. Hindin 3 W. W. Harr. (33 Del.) 294; Collins v. McWalters, 35 Misc. 648, 72 N. Y. S. 203; Ala. Great So. Rwy.…

2Cases cited13 opinions

  1. Zavelo v. ReevesSupreme Court of the United States · 1913
  2. Bryan v. Orient Lumber & Coal Co.Supreme Court of Oklahoma · 1916
  3. Herschman v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1915
  4. In re ShafferDistrict Court, E.D. North Carolina · 1900
  5. Smith v. CookSupreme Court of Georgia · 1883

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Beneficial Finance Company of Waterloo v. LamosSupreme Court of Iowa · 1970
  2. Gordon v. DavisSuperior Court of Delaware · 1934
  3. In Re ShepherdDistrict Court, D. Oregon · 1945

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