In re Venson, 46712.
| Decision Date | 16 March 1964 |
| Docket Number | No. 46712.,46712. |
| Citation | 234 F. Supp. 271 |
| Parties | In the Matter of William (Willie) VENSON, Bankrupt. |
| Court | U.S. District Court — Northern District of Georgia |
F. L. Breen, Atlanta, Ga., for bankrupt.
King & Spalding, Atlanta, Ga., for Housing Authority, City of Atlanta.
William Venson, on September 26, 1963, was adjudged a bankrupt as a result of petition and schedules filed by him on that date. Among the debts which were scheduled by the bankrupt in his petition was a common law judgment which had been entered against him in condemnation proceedings in the amount of $7,200.00. This judgment against William Venson was in favor of the Housing Authority of the City of Atlanta, and was listed on the schedules in the following manner:
Judgment Superior Court of Fulton County, Georgia, Case No. A-88440, The Housing Authority of the City of Atlanta dated February 18 1963 $7200.00
The Housing Authority of the City of Atlanta asserts that it was not listed as a creditor, and that the listing set forth above does not properly discharge the claim of the Housing Authority. Upon a hearing held before me on March 10, 1964, the attorney for the Housing Authority submitted an affidavit from a secretary in the office of the Referee in Bankruptcy who mails out the notices to the various creditors, and this affidavit states that this secretary mailed the notice to the Superior Court of Fulton County and not to the Housing Authority of the City of Altanta.
An admission was made by the attorney for the Housing Authority that a member of the Housing Authority of the City of Atlanta, a Mr. Bob Waller, read of a William Venson bankruptcy in the Fulton County Daily Report. However, in that report no listing of the claims of any creditors was made, it being only a listing of a bankruptcy petition having been filed.
Subdivision a of Section 58 of the Bankruptcy Act requires that ten days notice shall be given to "creditors" in the instances specified therein. Subdivision b provides for thirty days' notice of the last day fixed for filing of objections to a discharge to (1) creditors, (2) the trustee and his attorney, and (3) the United States Attorney of the judicial district wherein the proceeding is pending.
For a debt to be "duly scheduled", the name of the creditor must be included in the schedule though failure of his description may not be fatal. See Re Osofsky, 2 Cir., 50 F.2d 241. What constitutes satisfactory performance of this requirement depends upon the particular facts in each case. Kreitlein v. Ferger, 238 U.S. 21, 35 S.Ct. 685, 59 L. Ed. 1184.
While extreme exactness must be used in scheduling the creditors by name, a misnomer need not be fatal on the principle of idem sonans or whether the creditor can easily be ascertained from the whole description given.
As in the case of scheduling the names of creditors, great care must be exercised by the bankrupt in specifying residences of creditors. In this respect, "due scheduling" requires that the residences of creditors, if known to the bankrupt, be set forth correctly in the schedule; If the bankrupt is ignorant of such information, such facts should be expressly stated in the schedule. No fixed rule can be laid down as to the particular manner in which the residence of a creditor must be designated, but the particular...
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