Beneficial Finance Co. v. Kramer

MILLER, Judge.

Plaintiff Beneficial Finance Company appeals the annulment of the default judgment it obtained against defendant Tom *284W. Kramer. Defendant did not plead his discharge in bankruptcy. We reverse.

Defendant and his wife were adjudicated bankrupts on September 8, 1970. Beneficial Finance filed suit on a past due note on October 7, 1970. The formal discharge in bankruptcy was granted on November 6, 1970. Prominently stated on the face of the discharge was this statement:

“IMPORTANT: If a lawsuit is brought against you based on one of the debts listed in your bankruptcy schedules, you…