American Southern Trust Co. v. Vester

Kirby, J.,

(after stating’ the facts). The testimony shows that appellant was the owner of the note at the time of the filing- of the petition in bankruptcy which was listed as already set out. The Bankruptcy Act provides: (§ 17, 1 Collier on Bankruptcy, 13 Ed., p. 591; and 11 U. S. C. A., § 351: “A discharge in bankruptcy shall release the bankrupt from all his provable debts, except such as * * * (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had actual knowledge or notice of the proceedings in…