In Re Glass

Good Law
577 F.2d 537·17 Collier Bankr. Cas. 2d 564·4 Bankr. Ct. Dec. (CRR) 874·1978 U.S. App. LEXIS 10563
United States Court of Appeals for the Ninth CircuitJune 22, 197876-2623California1,144 words

Opinion

Opinion

577 F.2d 537 In re Bernard Glass, a/k/a Bernard Glass, M.D., and Jeannette Marie Glass, Bankrupt. Bernard GLASS and Jeannette Marie Glass, Plaintiffs-Appellees, v. MILLER & KEARNEY, a legal corporation, Defendant-Appellant. No. 76-2623. United States Court of Appeals, Ninth Circuit. June 22, 1978. Leo F. Sullivan (argued), of Gray, Cary, Ames & Frye, San Diego, Cal., for defendant-appellant. Rock Zaitzow (argued), San Diego, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Southern District of California. Before KOELSCH and HUFSTEDLER, Circuit Judges, and EAST, * District Judge. PER CURIAM: 1 The sole question on this appeal is one of law: does the jurisdiction of a bankruptcy court extend to the adjudication of the question of the reaffirmation by the bankrupt of a discharged debt? We are clear that the answer is "no." 1 2 The statutory provision which the district court thought conferred jurisdiction constitutes one of the 1970 amendments to the Bankruptcy Act (Pub.Law 91-467, 84 Stat. 990 , October 19, 1970) and reads as follows: "The bankrupt or any creditor may file an application with the (bankruptcy) court for the determination of…

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