In re Mussey

Decision Date15 January 1900
Docket Number1,388.
Citation99 F. 71
PartiesIN re MUSSEY.
CourtU.S. District Court — District of Massachusetts

W. P French, for bankrupt.

Joseph Willard and Edwin A. Bayley, for creditors.

LOWELL District Judge.

This was a voluntary petition filed July 3, 1899. On October 27 1897, the bankrupt had filed a voluntary petition in insolvency, upon which proceedings are now pending. It was alleged in the creditors' motion, found by the referee and admitted at the argument that among the creditors whose names appeared in the bankrupt's schedule were one or more creditors residing in the United States outside of Massachusetts. None of the debts scheduled by the bankrupt were incurred since the filing of the petition insolvency. Certain of the bankrupt's creditors, scheduled by her in insolvency as well as in bankruptcy, moved that the adjudication in bankruptcy be vacated, and the bankrupt's petition dismissed. Under the circumstances above stated, the creditors' motion must be denied. If there were no foreign creditor in the bankrupt's schedule, or if those creditors had come into or should hereafter come into the proceedings in insolvency, the result might or might not be different. Upon those questions no opinion is here expressed, and none upon the form of discharge, if any, to be granted to the bankrupt in this case.

On subsequent hearing in this case, January 19, 1900, on the bankrupt's application for discharge, the following opinion was delivered:

LOWELL District Judge.

This was a voluntary petition filed July 3, 1899. On October 27 1897, the bankrupt had filed a voluntary petition in insolvency, upon which proceedings are now pending. She has now applied for her discharge in bankruptcy, and certain creditors who proved their claims in the insolvency proceedings ask that the discharge granted her shall expressly exempt from its operation all claims proved in insolvency, or within the jurisdiction of the insolvency court, and also such claims as were created by her fraud. It was held in Re Rhutassel (D.C.) 96 F. 597, that the only issue tendered by the petition for a discharge is the right to the discharge, and that the only facts properly pleadable in opposition thereto are those which show that the bankrupt is entitled to no discharge whatsoever. 'The issue upon the effect of a discharge will arise when a creditor seeks to enforce a judgment or claim, and the debtor pleads his discharge in bar...

To continue reading

Request your trial
10 cases
  • In re Wright, Bankruptcy No. 79-03567
    • United States
    • U.S. Bankruptcy Court — Northern District of Alabama
    • November 13, 1980
    ...re Weisberg, 253 F. 833 (E.D.Mich.1918); In re Boardway, 248 F. 364 (N.D.N.Y.1918); In re McCarty, 111 F. 151 (N.D.Ill.1901); In re Mussy, 99 F. 71 (D.Mass.1900); In re Rhutassel, 96 F. 597 (N.D.Iowa 1899); In re Carmichael, 96 F. 594 (N.D.Iowa 1899); In re Thomas, 92 F. 912 (S.D.Iowa 1899)......
  • In re Levitan
    • United States
    • U.S. District Court — District of New Jersey
    • July 7, 1915
    ...a discharge, if granted to the bankrupt, will release this judgment, cannot be finally determined in these proceedings. In re Mussey (D.C.) 99 F. 71, 3 Am.Bankr.Rep. 592; In re Marshall Paper Co., 102 F. 872-874, 43 38, 4 Am.Bankr.Rep. 468; In re McCarty (D.C.) 111 F. 151, 7 Am.Bankr.Rep. 4......
  • Young v. Stevenson
    • United States
    • Arkansas Supreme Court
    • January 7, 1905
    ... ... not the debt in controversy was in fact a provable claim ... against the estate of the bankrupt and was discharged ... Collier on Bankruptcy, p. 191; Loveland on Bankruptcy, p ... 760; In re Rhutassel, 96 F. 597; In re ... Mussey, 99 F. 71; In re Wright, No. 18065, ... Fed Cases ...           [73 ... Ark. 484] Was this a provable claim against the partnership ... estate of the bankrupts? Only partnership debts were ... discharged; and unless it had been shown that the debt in ... controversy was a ... ...
  • In re Lockwood
    • United States
    • U.S. District Court — Eastern District of New York
    • February 28, 1917
    ...94 F. at page 481. A number of cases such as In re McCarty (D.C.) 111 F. 151, In re Marshall Paper Co., 102 F. 872, 43 C.C.A. 38, In re Mussey (D.C.) 99 F. 71, In Blumberg, supra, and Friend v. Talcott, 228 U.S. 27, 33 Sup.Ct. 505, 57 L.Ed. 718, have been cited, from which it sufficiently a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT