In re Gross

WILLIAM C. COLEMAN, Chief Judge.

The question for decision is whether the dismissal of an earlier petition in bankruptcy, because of the bankrupt’s failure to pay filing fees, is res adjudicata in a later proceeding' as to the discharge of the bankrupt with respect to a debt scheduled in both proceedings.

The material facts are as follows: The bankrupt on February 15, 1937, filed a voluntary petition in bankruptcy and in due course was adjudicated a bankrupt, but upon her failure to pay the filing fees, after due notice given to the bankrupt the adjudication was rescinded and the proceedings…