Majority
p. 204(48 Misc. Rep. 632) In re BOOM. (Supreme Court, Appellate Term. November 29, 1905.)
Headnote
Bankruptcy—Discharge of Bankrupt—Effect—Debts Not Scheduled.A bankrupt, who failed to schedule a debt, consisting of a judgment, as required by the bankruptcy law, though by reasonable effort he could have obtained sufficient information so to do, cannot, after his final discharge, obtain a cancellation of the judgment, under Code Civ. Proc. § 1268, providing that a bankrupt discharged from his debts may. on proof of his discharge, obtain the cancellation of judgments against him.
Appeal from City Court of New York.
Application by Maurice Boom, a bankrupt, for the cancellation of a
p. 205Argued before SCOTT, P. J., and GILDERSLEEVE arid Mac-LEAN, JJ.-
entered against him by John B. Young. From an order denying the application, Maurice Boom appeals.
Affirmed.
The judgment was obtained January 27, 1894, and Maurice Boom obtained his final discharge December 12, 1900.
M. Strassman, for appellant.
W. E. Benjamin, for respondent.
This application is made under section 1268 of the Code of Civil Procedure. An examination of that the appellant bankrupt failed in several respects to comply with the bankruptcy law relating to the scheduling of claims. It appears that by reasonable effort on the part of the bankrupt he could have ascertained sufficient information to enable him to comply with the law. The decree of the bankruptcy court did not operate to discharge the debt, for the reason that it was not duly scheduled.
The order appealed from must be affirmed, with costs and disbursements.