Legal Opinion

In re Blumberg

District Court, E.D. Tennessee

Decided July 1, 1899PublishedCited by 10 opinions

In Bankruptcy. Specifications in opposition to the- bankrupt’s application for discharge were filed, as follows: ¡ “Shapira & Dryzer, of Knoxville, in the county of Knox and state of Tennessee, parties interested in the estate of H. Blumberg, bankrupt, do hereby oppose the granting to him of a discharge from his debts, and for grounds for such opposition do file the following specifications: The debt of Shapira & Dryzer against said bankrupt is one which arose from the…

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In Bankruptcy. Specifications in opposition to the- bankrupt’s application for discharge were filed, as follows: ¡ “Shapira & Dryzer, of Knoxville, in the county of Knox and state of Tennessee, parties interested in the estate of H. Blumberg, bankrupt, do hereby oppose the granting to him of a discharge from his debts, and for grounds for such opposition do file the following specifications: The debt of Shapira & Dryzer against said bankrupt is one which arose from the following eireuro« stances: Two suits were brought in the chancery court of Loudpn county, Tenn., by Hamburger Bros, and…

1Opinion of the Court

CLARK, District Judge.

For the purpose of tbis case, the debt due to the creditors of Paletz may be identified as the “original debt,” and his creditors as the “original creditors,” and the judgment on the replevin bond executed in the attachment suits in order to release the property may be called the “replevin bond judgment” or “replevin bond debt.” In regard to the effect of a discharge in bankruptcy, the language of the bankruptcy act, so far as it affects the matter now under consideration, is:

“A discliarge in bankruptcy shall release a bankrupt from all of his provable debts, except such…

2Cases cited2 opinions

  1. Brown, Randall & Co. v. BroachMississippi Supreme Court · 1876
  2. United States v. The Rob RoyU.S. Circuit Court for the District of Louisiana · 1870

3Cited by10 opinions

  1. In the Matter of Gordon Irving Wright, Bankrupt. Gordon Irving Wright, Bankrupt-Appellant v. George Lubinko, Creditor-AppelleeCourt of Appeals for the Ninth Circuit · 1975
  2. Holland v. CunliffMissouri Court of Appeals · 1902
  3. In re PutmanDistrict Court, N.D. California · 1911
  4. British & American Mortgage Co. v. StuartCourt of Appeals for the Fifth Circuit · 1914
  5. Burcell v. GoldsteinNorth Dakota Supreme Court · 1912

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