In re Wollock

Citations

• 120 F. 516
• 1903 U.S. Dist. LEXIS 364

Syllabus

<p>1. Bankruptcy — Debts Released by Discharge — Fraud.</p> <p>By the provision of Bankr. Act 1898, § 17 [U. S. Comp. St. 1901, p. 3428], that “a discharge * * * shall release a bankrupt from all of „ his provable debts except such as * * * (2) are judgments in actions for frauds,” it was not intended to limit the claims exempted from release on account of fraud to those which had been reduced to judgment, but fraud in the creation of a claim is sufficient to bring the claim within the exception.</p> <p>2. Same — Powers of Court — Enjoining Proceeding in State Court.</p> <p>A court of bankruptcy is without jurisdiction to enjoin proceedings in a state court in an action on the case for fraud against the bankrupt, since such action can in no manner affect the proceedings in bankruptcy, nor could the bankrupt’s discharge constitute a defense thereto.</p>