In re Bernard
Court of Appeals for the Second Circuit
In the matter of William Bernard, bankrupt. Petition by the bankrupt to revise an order (278 Eed. 734) expunging a debt from a schedule, permitting the creditor to proceed to collect the debt, and enjoining the bankrupt from applying for a discharge. Order reversed, without prejudice to further proceedings in respect of a stay. Bernard filed a, voluntary petition, and scheduled a debt to Frank et al.
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In the matter of William Bernard, bankrupt. Petition by the bankrupt to revise an order (278 Eed. 734) expunging a debt from a schedule, permitting the creditor to proceed to collect the debt, and enjoining the bankrupt from applying for a discharge. Order reversed, without prejudice to further proceedings in respect of a stay. Bernard filed a, voluntary petition, and scheduled a debt to Frank et al. After adjudication, but before application for discharge, Frank moved in the District Court for an order “expunging from the schedules heretofore filed” the said debt due by Bernard to Frank.…
1Per curiam
[1,2] To expunge a debt or the statement of a debt from a bankrupt’s schedules, and to enjoin him from applying for a discharge in respect of such debt, is a novel procedure, for which no authority has been produced. It ís opposed to the theory of the Bankruptcy Act. The lower court evidently thought the debt not dis-chargeable, and for this reason entered the order above recited. But it is the duty of a bankrupt (section 7 [8], being Comp. St. § 9591) to file schedules containing “a list of his creditors,” and one to whom he owes an undischargeable debt is as much a creditor as is one whose…
2Cited by13 opinions
- Bankr. L. Rep. P 67,851 in Re William O'Dell Spell, Bankrupt. Commissioner of Administrative Services v. William O'Dell SpellCourt of Appeals for the Second Circuit · 1981
- Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
- In re Gawker Media LLCUnited States Bankruptcy Court, S.D. New York · 2017
- In Re LoweDistrict Court, W.D. Kentucky · 1941
- In re MillkofskyDistrict Court, W.D. New York · 1936
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