In re Popovich

In the bankruptcy proceedings of Lubomir Popovich an order was entered in January, 1938, granting the bankrupt his discharge. Nearly nine months later a creditor, the present appellee, applied for vacation of the discharge on the ground of fraud, pursuant to section 15 of the Bankruptcy Act, 11 U.S.C.A. § 33. The proceeding was initiated by an order to show cause directed to be served upon the attorney who represented the bankrupt in procuring his discharge. By affidavit he asserted that he appeared specially to challenge the validity of- the service and that his retainer by the bankrupt had…