In re McKee

Citations

• 165 F. 269
• 1908 U.S. Dist. LEXIS 161

Syllabus

<p>Bankruptcy (§ 417*) — Rights ok Bankrupt — Setting Aside Discharge.</p> <p>Members of a partnership were adjudged bankrupts on a voluntary petition and obtained a discharge, having scheduled no assets. At the time of the adjudication an aeiion on promissory notes was pending against them in a state court, in which they had pleaded a counterclaim, hut through inadvertence or mistake neither the notes nor counterclaim were scheduled. Held, that on their application, made before the expiration of the time for tiling claims, the bankrupts were entitled to have the discharge set aside and to amend their schedules, by Including both the creditors’ claim and their counterclaim.</p> <p>[Ed. Note. — Jfor other cases, see Bankruptcy, Cent. Dig. § 80S); Dec. Dig. | 417.=-]</p>