Arvil Wesley Welborn, Jr., Bankrupt v. General Finance Corporation of Atlanta

Fifth Circuit

Arvil Wesley Welborn, Jr., Bankrupt v. General Finance Corporation of Atlanta

330 F.2d 602, 1964 U.S. App. LEXIS 5726

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 14, 1964

Docket20828_1

StatusPublished

Cited by1 cases

This text of 330 F.2d 602 (Arvil Wesley Welborn, Jr., Bankrupt v. General Finance Corporation of Atlanta) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arvil Wesley Welborn, Jr., Bankrupt v. General Finance Corporation of Atlanta, 330 F.2d 602, 1964 U.S. App. LEXIS 5726 (5th Cir. 1964).

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Opinion

PER CURIAM.

This is an appeal from a judgment of the trial court denying an injunction against the levying of a judgment against the appellant, who failed to plead a discharge in bankruptcy as a defense to the suit which has subsequently been reduced *603 to judgment. While we share the concern expressed by the trial court over the plight of the appellant resulting from his failure to plead the available defense of discharge in the state court suit, we perceive no difference between this situation and the ordinary case in which a party permits a case to go to default judgment against him, whether through ignorance or inattention, or failure of counsel.

There being no basis for setting aside the state court judgment on the ground of fraud, duress or coercion we conclude that the judgment of the trial court must be affirmed.

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PER CURIAM.

This is an appeal from a judgment of the trial court denying an injunction against the levying of a judgment against the appellant, who failed to plead a discharge in bankruptcy as a defense to the suit which has subsequently been reduced *603 to judgment. While we share the concern expressed by the trial court over the plight of the appellant resulting from his failure to plead the available defense of discharge in the state court suit, we perceive no difference between this situation and the ordinary case in which a party permits a case to go to default judgment against him, whether through ignorance or inattention, or failure of counsel.

There being no basis for setting aside the state court judgment on the ground of fraud, duress or coercion we conclude that the judgment of the trial court must be affirmed.

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330 F.2d 602, 1964 U.S. App. LEXIS 5726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arvil-wesley-welborn-jr-bankrupt-v-general-finance-corporation-of-ca5-1964.

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