In re Carleton
Citations
- 131 F. 146
- 1904 U.S. Dist. LEXIS 191
Syllabus
<p>I. Bankruptcy — Discharge—Effect of Pkiob Discharge.</p> <p>A discharge granted to a bankrupt, in partnership proceedings instituted by himself, is one granted in voluntary proceedings, and precludes him from obtaining a second discharge within six years, under Bankr. Act July 1, 1898, c. 541, § 14b, SO Stat. 550 [U. S. Comp. St. 1901, p. 3427]. as amended by Act Feb. 5,1903, c. 487, § 4, 32 Stat. 797 [U. S. Comp. St. Supp. 1903, a, 4U].</p> <p>2. Same.</p> <p>Tlie provision of Bankr. Act July 1, 1898, c. 541, § 14b, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427], as amended by Act Feb. 5, 1903, c. 487, § 4, 32 Stat. 797 [U. S. Comp. St. Supp. 1903, p. 411], which forbids a discharge if the bankrupt has in voluntary proceedings been granted a discharge within six years, is not retroactive as applied to cases where the first proceedings were had prior to its enactment, but merely adds a new condition of discharge in eases instituted after the amendment.</p>
Judges: Lowell
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