From Casetext: Smarter Legal Research

In re Welte

United States District Court, W.D. New York
Oct 31, 1935
12 F. Supp. 612 (W.D.N.Y. 1935)

Opinion

No. 22955.

October 31, 1935.

Charles Oishei, of Buffalo, N.Y., for bankrupt-petitioner.

A.M. Newman, of Buffalo, N.Y., for creditor.


This is a motion for leave to amend bankrupt's schedules filed herein to include an additional creditor's name. The adjudication was made on February 25, 1935. The order to show cause herein was issued under date of October 17, 1935. Claims are required to be filed within six months after the adjudication. More than six months had expired subsequent to the adjudication herein. A discharge in bankruptcy releases a bankrupt from all of his provable debts, except (among others) such as Bankr. Act § 17(3), 11 USCA § 35(3), "have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy." There is nothing to show that the alleged creditor "had notice or actual knowledge of the proceedings in bankruptcy." The creditor is precluded from proving his claim. The bankrupt is precluded from securing a discharge from the debt to this creditor. Therefore, the bankrupt has no right either in law or equity to amend. In re Trosky (D.C.) 55 F.2d 995. The motion is dismissed.


Summaries of

In re Welte

United States District Court, W.D. New York
Oct 31, 1935
12 F. Supp. 612 (W.D.N.Y. 1935)
Case details for

In re Welte

Case Details

Full title:In re WELTE

Court:United States District Court, W.D. New York

Date published: Oct 31, 1935

Citations

12 F. Supp. 612 (W.D.N.Y. 1935)

Citing Cases

Van Denburgh v. Goodfellow

It is established, however, that the notice required by the Bankruptcy Act must be given within the six-month…