Flannigan v. Bellantone

Connecticut Superior Court

Flannigan v. Bellantone

5 Conn. Super. Ct. 324

CourtConnecticut Superior Court

DecidedNovember 2, 1937

DocketFile No. 51651

StatusPublished

This text of 5 Conn. Super. Ct. 324 (Flannigan v. Bellantone) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flannigan v. Bellantone, 5 Conn. Super. Ct. 324 (Colo. Ct. App. 1937).

Pincite

Opinion

On July 1st, 1937, the defendant, Joseph Bellantone, received a discharge in bankruptcy. He pleads this as a special defense to an action brought by the plaintiff for the recovery of damages sustained in an automobile accident which occurred in 1935. This action has never gone to judgment and Bellantone listed it in his bankruptcy schedules simply as an unliquidated debt.

The plaintiff's demurrer which is directed to this special defense must be sustained. Section 17 of the Bankruptcy Act provides that a discharge in bankruptcy shall release a bankrupt from of all his provable debts, with certain exceptions having no present application. However, a claim based upon a personal tort which has not been reduced to judgment is not provable and hence is not dischargeable. Remington onBankruptcy, Vol. 7, Sec. 3529.

Accordingly the demurrer is sustained.

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On July 1st, 1937, the defendant, Joseph Bellantone, received a discharge in bankruptcy. He pleads this as a special defense to an action brought by the plaintiff for the recovery of damages sustained in an automobile accident which occurred in 1935. This action has never gone to judgment and Bellantone listed it in his bankruptcy schedules simply as an unliquidated debt.

The plaintiff's demurrer which is directed to this special defense must be sustained. Section 17 of the Bankruptcy Act provides that a discharge in bankruptcy shall release a bankrupt from of all his provable debts, with certain exceptions having no present application. However, a claim based upon a personal tort which has not been reduced to judgment is not provable and hence is not dischargeable. Remington onBankruptcy, Vol. 7, Sec. 3529.

Accordingly the demurrer is sustained.

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Bluebook (online)

5 Conn. Super. Ct. 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flannigan-v-bellantone-connsuperct-1937.