Kuntz v. Young

Citations

• 131 F. 719
• 65 C.C.A. 477
• 1904 U.S. App. LEXIS 4311

Syllabus

<p>1. Bankruptcy — Discharge—Failure to Apply for Discharge in Subsequent Proceeding.</p> <p>A failure of tlie bankrupt to apply in due time for, or a refusal by the court to grant, a discharge from debts provable in proceedings under one petition in bankruptcy, renders the question of the right of the bankrupt to a discharge from those debts in a proceeding under a subsequent petition res ad judicata.</p> <p>2. Same.</p> <p>A subsequent proceeding in bankruptcy for the sole purpose of obtaining a discharge which a prior proceeding has conclusively determined that the bankrupt is not entitled to presents no ground for relief, is vexatious and futile, and cannot be lawfully maintained.</p> <p>3. Same — Court Has Power to Dismiss after Adjudication.</p> <p>The District Court has power to dismiss such a proceeding, as soon as it learns its real purpose, under section 2, subd. 15, Bankr. Act July 1, 1898, c. 541, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3421], although this is after an adjudication in bankruptcy.</p> <p>¶1. See Bankruptcy, vol. 6, Cent. Dig. § 690.</p> <p>4. Same — Facts—Decision.</p> <p>An involuntary proceeding in bankruptcy was commenced. Tbe bankrupt made no application for a discharge within 12 months after the adjudication, and failed to comply with an order to pay over to the trustee $0,185.37. While this proceeding was pending the bankrupt commenced a voluntary proceeding in another division of the same court, and applied for a discharge from the same debts scheduled and provable in the first proceeding. Held, tbe District Court rightly denied the application for the discharge and dismissed the voluntary proceeding.</p> <p>(Syllabus by tbe Court.)</p>