Zavelo v. Reeves
Citations
- 227 U.S. 625
- 33 S. Ct. 365
- 57 L. Ed. 676
- 1913 U.S. LEXIS 2337
Syllabus
<p>In the absence of' any proof to that effect in the record, a promise by the bankrupt made between the petition and the discharge to pay the balance of his provable debt to one of his creditors who advanced money to enable him to effect a' composition without obtaining any undue preference over the other creditors, will not, be regarded as an act of extortion' or attempted extortion in violation of § 29b 5. of the Bankruptcy Act, prohibiting acting or forbearing to act in bankruptcy proceedings.</p> <p>A discharge, while releasing the bankrupt from legal liability to pay a provable debt,' leaves him under a moral obligation that is sufficient, to support, a new promise to pay it.</p> <p>The'theory of bankruptcy is that the discharge does not'destroy the debt but does destroy the remedy.</p> <p>As a general rule, the discharge when granted relates back to the inception of the proceeding, and the bankrupt becomes a free imán as to new transactions as of the date of the transfer of his property to the trustee.</p> <p>This court by promulgating General Orders and Forms in Bankruptcy construed § 63a 4 as confining the discharge to provable debts existing on the day of the petition and having it relate back thereto. Under the Bankruptcy Act of 1898 an express piomise to pay a provable debt is good although made after the-petition and before the discharge.</p> <p>Obligations created after the filing of the petition and before the discharge arc not provable under § 63 and therefore are not included in’ the discharge.</p> <p>As § 12 of the Bankruptcy Act requires that money for effecting the composition’ be deposited before the application to authorise it, it contemplates that the bankrupt may acquire such money by use of his credit.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \Bankruptcy does not erase debt; the discharge is only an injunction against attempts to collect the debt as a personal liability of the debtor.\
- “[T]he discharge destroys the remedy, but not the indebtedness.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pitney
Read full opinion on CourtListenerCited by
124 cases in this archive cite this case; the 20 most cited are listed.
- Perez. v. CampbellSupreme Court· 1971-06-01· cited 1,006×
- Williams v. United States Fidelity & Guaranty Co.Supreme Court· 1915-02-23· cited 371×
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court· 1916-04-03· cited 257×
- Bailey v. Baker Ice MacHine Co.Supreme Court· 1915-11-29· cited 251×
- Everett v. JudsonSupreme Court· 1913-04-28· cited 170×
- Reitz v. MealeySupreme Court· 1941-11-10· cited 165×
- Kesler v. Department of Public Safety of UtahSupreme Court· 1962-03-26· cited 158×
- Maynard v. ElliottSupreme Court· 1931-04-13· cited 109×
- Robert Girardier and Susan L. Luzkow v. Webster CollegeEighth Circuit· 1977-08-24· cited 69×
- In re Mullings Clothing Co.Second Circuit· 1916-11-14· cited 56×
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court· 1924-06-04· cited 52×
- West Coast Life Ins. Co. v. Merced Irr. Dist.Ninth Circuit· 1940-09-05· cited 48×
- Argonaut Insurance v. United StatesCourt of Claims· 1970-12-11· cited 48×
- Argonaut Insurance Company v. United StatesThird Circuit· 1970-12-11· cited 45×
- In Re KenistonD. New Hampshire· 1988-03-31· cited 35×
- Jenkins v. General Motors CorporationD. Delaware· 1973-01-30· cited 28×
- In Re KornbluthSecond Circuit· 1933-05-08· cited 26×
- Wheeling Structural Steel Co. v. MossFourth Circuit· 1932-12-02· cited 25×
- Federal National Bank v. KoppelMassachusetts Supreme Judicial Court· 1925-06-27· cited 25×
- Gregg Grain Co. v. Walker Grain Co.Fifth Circuit· 1922-11-28· cited 22×
Cites
3 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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