In re McDonald

• Court: U.S. District Court — District of Massachusetts
• Writing for the Court: SWEENEY
• Citation: In re McDonald, 61 F.Supp. 133 (D. Mass. 1945)
• Decision Date: 17 May 1945
• Docket Number: No. 64535,68832.,64535
• Parties: In re McDONALD.

61 F. Supp. 133

In re McDONALD.

Nos. 64535, 68832.

District Court, D. Massachusetts.

May 17, 1945.

Samuel W. Gaffer, of Boston, Mass., for bankrupt.

SWEENEY, District Judge.

This bankrupt filed a petition in bankruptcy on May 8, 1940, and this petition was later dismissed by the Referee because the bankrupt failed to remit the fees called for by the Referee.

On February 24, 1944, the bankrupt filed a second voluntary petition in bankruptcy and on this petition a partial discharge is granted, exempting from the discharge those claims that have been listed in the first petition. This was proper under Colwell v. Epstein et al. 1 Cir., 142 F.2d 138.

The bankrupt has now filed a petition to reopen the first case so as to enter an order of dismissal without prejudice, in order that a full discharge may be granted in the second case. The dicta in Colwell v. Epstein et al. indicate that such action...