Weidenfeld v. Tillinghast

Motion is made pursuant to section 1208 of the. Code of Civil Procedure for an order cancelling the judgment herein on the ground that the defendant has been discharged from his debts in bankruptcy. Section 1, subdivision 8, of the Bankruptcy Act requires the bankrupt to file a schedule of his property and a list of his creditors, “ showing their residence, if known, if unknown, that fact to be stated.” By section 11, subdivision 3, it is provided that a discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as “ have not been duly scheduled in time for…