Legal Opinion

In Re Lancaster

District Court, W.D. Missouri

Decided March 21, 1941No. 16369PublishedCited by 3 opinions

1Opinion of the Court

REEVES, District Judge.

The question for review is whether a proceeding under 'Chapter 13 of the Bankruptcy Act, 11 U.S.C.A. § 1001 et seq., referring to the general subject of wage earners’ plans, should be expanded to relieve a surety or guarantor of a debtor from his liability.

Under the general bankruptcy law, and particularly by Section 34, Chapter 3, Title 11 U.S.C.A., it is provided as follows: “§ 34. Co-debtors of bankrupts. The liability of a person who is a co-debtor with, or guarantor or in any manner a sure ty for, a bankrupt shall not be altered by the discharge of such bankrupt.”

Wh…

2Cited by3 opinions

  1. United States Ex Rel. Chemetron Corp. v. George A. Fuller Co.District Court, D. Montana · 1966
  2. In the Matter of Franklin William Schraer and Gertrude Gwendolyn Schraer, Debtors. Franklin William Schraer v. G. A. C. Finance CorporationCourt of Appeals for the Sixth Circuit · 1969
  3. Bank of New Orleans & Trust Co. v. LewisLouisiana Court of Appeal · 1981

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