In re McCausland
Opinion
Lead Opinion
James, J.
The bankrupt has presented a petition, asking to be discharged from his debts. The International Shoe Company, a creditor in an amount in excess of $2,000, filed objections to the granting of the order on the particular ground that on the 18th day of December, 1933, the bankrupt was, in a prior voluntary proceeding, denied a discharge from the same debts as those set out in the schedules in this proceeding. The fact is that on June 7, 1933, a voluntary petition was filed by the same bankrupt in this court, under No. 20984, and he in due time presented a petition for discharge in that proceeding. The same creditor who objects here opposed the granting of the discharge on the ground that within six years prior thereto a discharge in bankruptcy had been granted the petitioner. The matter was there referred to the special master to hear the proofs, and he returned his report to the court, finding that on the 10th day of December, 1928, a discharge had been granted in a voluntary proceeding to McCausland. A petition for discharge in the second proceeding was filed on August 12, 1933, which was within the six-year period. The court accordingly denied the discharge.