Ray Bills Finance Corp. v. Mead

The question is whether writing sufficient to revive a debt discharged in bankruptcy is also sufficient to revive a wage assignment taken before bankruptcy but not filed with the employer until after bankruptcy.

Plaintiff has sued on the debt and that action is pending, but ■ defendant brings this proceeding to restrain collection of any funds by reason of the wage assignment during the pendency of the action.

A discharge in bankruptcy affects only the remedy of the creditor and not the obligation of the debtor to pay. (1 Collier, Bankruptcy, § 17.33.) By appropriate writing, the debtor may…