In the Matter of Henry Clark, Bankrupt-Appellant. Chemical Bank New York Trust Company, Objecting Creditor-Appellee

The sole question presented here is whether the bankrupt’s failure to appear at the hearing on the objections to his discharge acted as a waiver of his right to a discharge. The bankrupt claimed that his physical condition (a heart ailment) was such that he could not be subjected to legal questioning. No application was made by the bankrupt for a nunc pro tunc order resetting the time for the hearing. The Referee and the Court held that since Section 14, sub. e of the Bankruptcy Act 1 specifically provides for the consequences of non-appearance, the bankrupt waived his right to a discharge.…