BANKRUPTCY-BANKRUPT'S PETITION TO REOPEN ESTATE

Authors

Joseph N. Morency, Jr. S.Ed., University of Michigan Law SchoolFollow

Abstract

Petitioner's no-asset estate in bankruptcy was closed and a discharge was granted in 1942. In 1945 a judgment creditor of the bankrupt sued in a Connecticut court on a judgment which antedated the bankruptcy proceeding and the existence of which was unknown to the bankrupt at the time he filed his schedules. It appeared that the bankruptcy proceeding was likewise unknown to the judgment creditor. Petitioner sought an order reopening the estate for the purpose of amending schedules to include the judgment inadvertently omitted; and the district court entered such an order over the objection of the judgment creditor. On appeal, held, reversed. Once the six month period for filing claims has expired, the district court in bankruptcy lacks power to reopen an estate at the request of a bankrupt who failed to schedule a then-existing judgment. Milando v. Perrone, (C.C.A. 2d, 1946) 157 F. (2d) 1002.

Recommended Citation

Joseph N. Morency, Jr. S.Ed., BANKRUPTCY-BANKRUPT'S PETITION TO REOPEN ESTATE, 45 Mich. L. Rev. 775 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss6/8