Tomaino v. Gigliotti

Judgment debtors herein move for an

order vacating and setting aside an order of this court directing their examination in supplementary proceedings pursuant to a judgment obtained against them. The motion is made on the ground that the judgment was discharged by the judgment debtors’ subsequent discharge in bankruptcy.

Section 17 of the Bankruptcy Act (U. S. Code, tit. 11, § 35, subd. [a]) provides: “ A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as * * *

*1078“ (2) are liabilities for obtaining1 money or property…