In re Brenner

E.D. New York

In re Brenner

25 F. Supp. 416, 1938 U.S. Dist. LEXIS 1656

CourtDistrict Court, E.D. New York

DecidedOctober 25, 1938

DocketNo. 32975

StatusPublished

Cited by1 cases

This text of 25 F. Supp. 416 (In re Brenner) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Brenner, 25 F. Supp. 416, 1938 U.S. Dist. LEXIS 1656 (E.D.N.Y. 1938).

Pincite

Opinion

MOSCOWITZ, District Judge.

The bankrupt was adjudicated a bankrupt upon his voluntary petition on June 27, 1932. He failed to pay the indemnity required. Referee Stitt, on September 30,. 1932, filed a certificate of dismissal for failure to pay the indemnity. The proceeding was thereupon closed in October, 1932.

On July 6, 1937 the bankrupt filed a voluntary petition in this proceeding and scheduled all the creditors which he had included in the prior petition which had been closed. The objecting creditors herein were also listed in the first proceeding.

Having failed to obtain a discharge in the first proceeding the debts of the bankrupt still stand and have not been discharged. In re McMorrow, D. C., 52 F.2d 643; In re Zeiler, D. C., 18 F.Supp. 539. The bankrupt, however, is entitled to be discharged from debts arising since the first proceeding, but is not entitled to be discharged from the debts which existed at the time the first proceeding was filed.

The motion to confirm the Referee’s report is unopposed. It will be confirmed.

Settle order on notice.

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