Teubert v. Kessler
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; Joseph L. Bodine, Judge. In the matter of Fred Kessler, bankrupt. On objection by Louis E. Teubert, Jr., to bankrupt’s application for discharge, and on bank-, rupt’s motion to strike out the objection.
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Appeal from the District Court of the United States for the District of New Jersey; Joseph L. Bodine, Judge. In the matter of Fred Kessler, bankrupt. On objection by Louis E. Teubert, Jr., to bankrupt’s application for discharge, and on bank-, rupt’s motion to strike out the objection. From a decree striking out the objection to discharge and perpetually restraining further proceedings on a judgment against the bankrupt in any way, except to file and prove such judgment with bankruptcy trustee as a debt of his estate, petitioner appeals.
1Opinion of the Court
DAVIS, Circuit Judge.
On September 14, 1921, Louis E. Teubert, Jr., recovered a judgment at law against Fred Kessler for $5,000 on account of the negligent operation by Kessler of an automobile, which struck the plaintiff while riding a motorcycle, and seriously iniured him. On December 5, 1922, Kessler filed a voluntary petition in bankruptcy and scheduled about $100 as his only assets and this judgment as his liabilities. In due time he filed a petition for his discharge in bankruptcy. The appellant filed specification of objection, wherein he set up this judgment as a bar to the discharge.…
2Cases cited4 opinions
- Marshall Paper Co. v. TrainCourt of Appeals for the First Circuit · 1900
- In re McCartyDistrict Court, N.D. Illinois · 1901
- In re CarmichaelDistrict Court, N.D. Iowa · 1899
- In re TinkerDistrict Court, S.D. New York · 1900
3Cited by9 opinions
- Board of Trustees of the University of Alabama v. Wright (In Re Wright)United States Bankruptcy Court, N.D. Alabama · 1980
- In Re LoweDistrict Court, W.D. Kentucky · 1941
- In re BarberCourt of Appeals for the Third Circuit · 1944
- First National Bank v. HaymesCivil Court of the City of New York · 1966
- In Re ScandiffioDistrict Court, E.D. New York · 1945
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