In re McCarthy

E.D. New York

In re McCarthy

45 F. Supp. 323, 1942 U.S. Dist. LEXIS 2776

CourtDistrict Court, E.D. New York

DecidedMay 15, 1942

DocketNo. 40554

StatusPublished

Cited by2 cases

This text of 45 F. Supp. 323 (In re McCarthy) 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 McCarthy, 45 F. Supp. 323, 1942 U.S. Dist. LEXIS 2776 (E.D.N.Y. 1942).

Pincite

Opinion

MOSCOWITZ, District Judge.

This is a motion for an order reviewing the order made by the Referee in bankruptcy.

A creditor sought an order from the Referee adjudicating that the obligation owing to the Personal Finance Company of New York by the bankrupt was not dischargeable. The Referee properly decided that such question should be determined by the State Court.

This Court had occasion to state in Anna Francine and Frank Bonacchini v. Armon Babayan, 45 F.Supp. 321, decided January 2, 1942: “A discharge in bankruptcy can only affect such debts that are dischargeable under the Bankruptcy Law [11 U.S.C.A. § 1 et seq.] Whether or not a claim is dischargeable in bankruptcy after the order of discharge has been made is not to be determined by the bankruptcy Court but by the Court in which the judgment was obtained, therefore the Referee could not and did not determine the question whether or not the debts were dis-chargeable in bankruptcy.”

Whether or not an indebtedness is dis-chargeable should be determined by the Court in which an action was brought to recover a judgment based upon the indebtedness.

The petition to review is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

MOSCOWITZ, District Judge.

This is a motion for an order reviewing the order made by the Referee in bankruptcy.

A creditor sought an order from the Referee adjudicating that the obligation owing to the Personal Finance Company of New York by the bankrupt was not dischargeable. The Referee properly decided that such question should be determined by the State Court.

This Court had occasion to state in Anna Francine and Frank Bonacchini v. Armon Babayan, 45 F.Supp. 321, decided January 2, 1942: “A discharge in bankruptcy can only affect such debts that are dischargeable under the Bankruptcy Law [11 U.S.C.A. § 1 et seq.] Whether or not a claim is dischargeable in bankruptcy after the order of discharge has been made is not to be determined by the bankruptcy Court but by the Court in which the judgment was obtained, therefore the Referee could not and did not determine the question whether or not the debts were dis-chargeable in bankruptcy.”

Whether or not an indebtedness is dis-chargeable should be determined by the Court in which an action was brought to recover a judgment based upon the indebtedness.

The petition to review is denied.

Cite This Page — Counsel Stack

Bluebook (online)

45 F. Supp. 323, 1942 U.S. Dist. LEXIS 2776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mccarthy-nyed-1942.

Opinion

Related

Cite This Page — Counsel Stack