Shapiro v. Lubasch

Plaintiff sues for money loaned in 1925, repayable February 20, 1926. Defendant pleads a discharge in bankruptcy obtained November 7, 1934, upon a petition filed by him May 4, 1934. Plaintiff’s claim was not scheduled in the bankruptcy proceedings, but plaintiff concededly had notice and actual knowledge of the proceeding. Plaintiff’s claim consequently is barred by the discharge if it were a provable debt. (Kaufman v. Schreier, 108 App. Div. 298; Morrison v. Vaughan, 119 App. Div. 184; Bankruptcy Act, § 17; U. S Code, tit. 11, § 35.) Plaintiff contends that his claim was barred by the *183Statute…