Mizrahi v. Miscione

SHINN, J. *

The appeal is from a judgment establishing a claim against the estate of John V. Miscione, deceased, after its rejection by defendant administrator. The claim was rejected and the action was defended upon the ground that Miscione had been declared a bankrupt and had been discharged from all his debts. The court found that Mizrahi or his attorneys had no notice or knowledge of the bankruptcy proceedings, and concluded that plaintiff’s debt had not been discharged. The finding was based upon the failure of Miscione to properly list the judgment debt in his schedules.

Section 7 of the…