Bacon v. Buffalo Cold Storage Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Texas. In the matter of Herschel Martin Bacon, bankrupt. From an order of discharge, the bankrupt appeals, so far as the order excepts debts due the Buffalo Cold Storage Company. This is an appeal from an order of the District Court for the Northern District of Texas granting the bankrupt his discharge.
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Appeal from the District Court of the United States for the Northern District of Texas. In the matter of Herschel Martin Bacon, bankrupt. From an order of discharge, the bankrupt appeals, so far as the order excepts debts due the Buffalo Cold Storage Company. This is an appeal from an order of the District Court for the Northern District of Texas granting the bankrupt his discharge. The appeal is taken by the bankrupt, and the order is complained of by him because of the following limitation placed by the court in the discharge: .“And excepting also such debts as were provable in certain…
1Concurrence
SHELBY,
Circuit Court (concurring). . A person may, after the expiration of one month and within the next twelve months subsequent to being adjudged a bankrupt, file an application for a discharge in the court of bankruptcy in which the proceedings are pending. If it be shown to the judge that he was unavoidably prevented from filing it within twelve months, it mg.y be filed within, “but not after the expiration of, the next six months.” Section 14, Bankr. Act 1898 (30 Stat. 544). This is clearly a limitation of 12 months in which to make application for the discharge, with authority conferred…
2Cases cited2 opinions
- In re FahyDistrict Court, N.D. Iowa · 1902
- In re WagnerDistrict Court, D. Nevada · 1905