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erty is not dissolved, but may be enforced after the commencement of proceedings in bankruptcy. (Robinson et al. v. Wilson, 14 N. B. R. 565.) A refusal to set aside an execution on account of defendant's discharge is not subject to a writ of error. The remedy in case of such refusal is by writ of audita querela, upon which the judgment of the court below is examinable. (Williams v. Butcher, 12 N. B. R. 143.)

Where, in an attachment suit on a promissory note, the defendant after answering files a petition in bankruptcy and suggests the bankruptcy on the records of the state court, and is denied a continuance pending the proceedings in bankruptcy, and he is afterwards discharged, he may bring a suit of review to reverse the judgment, having obtained leave of court. (Todd et al. v. Barton et al., 13 N. B. R. 197.)

Where, in an action of assumpsit upon promissory notes, the defendant files an affidavit of defense setting up his adjudication in bankruptcy, and that the time had not arrived for an application for discharge, although such matter does not constitute a defense, it is sufficient to stay the action and prevent judgment. (Frostman et al. v. Hicks et al, 15 N. B. R. 41; sec. 5106.)

The state court has jurisdiction over all subjects arising out of the question whether the debt in litigation is, or not, embraced in the class or classes of liabilities from which the debtor is absolved, and upon which his discharge has no effect. (Stevens v. Brown, 11 N. B. R. 568.) A debtor arrested in a civil action prior to commencement of proceedings in bankruptcy is not entitled to be released from such arrest upon being adjudged a bankrupt. But if the debt or claim on which the action under which he is arrested is one of which a discharge in bankruptcy will act as a release, he will be entitled to release from arrest. (Brandon National Bank v. Hatch, 16 N. B. R. 468.)

Where a bankrupt applies for an adjudication to restrain the collection of a judgment on the ground that he has been discharged, and the record shows nothing giving the bankrupt court jurisdiction, such jurisdiction will be presumed. (Hayes v. Ford, 15 N. B. R. 569.)

The effect, in general, of a discharge.- Bankrupt laws discharge the contract, as contradistinguished from insolvent laws, which only liberate the person. (Deford et al. v. Hewlet, 18 N. B. R. 518.) The summary jurisdiction of the bankrupt court over the bankrupt ceases with the granting of his discharge. (In re Dole, 9 N. B. R. 193; 11 Blatchf. 499; Fed. Cas. 3964.)

Where a bankrupt is required to show cause why he should not be in contempt for not appearing to be examined, and he replies that before the order was issued he had been discharged, the proceedings for contempt will be dismissed. (In re Jones, 6 N. B. R. 386; Fed. Cas. 7449.) The discharge of the bankrupt is conclusive of the regularity of the proceedings, and can only be attacked in the court granting it upon proceedings for that purpose. (In re Witkowski, 10 N. B. R. 209; Fed. Cas.

17920.) The discharge is the judgment of the court and stands upon the footing of other judgments. Opportunity is offered to contest it, and if not availed of in the mode and within the time allowed, all remedy to annul it is cut off. (Stevens v. Brown, 11 N. B. R. 568.) A certificate of discharge in bankruptcy, signed by the judge and attested by the clerk under the seal of the court, is not only sufficiently authenticated, but it is precisely the means by which the bankrupt is to prove and have the benefit of his discharge (Miller v. Chandler, 17 N. B. R. 251); it is conclusive evidence in favor of the bankrupt of the fact and regularity thereof, but it is not conclusive evidence in favor of other parties seeking to use it. (Dewey v. Moyer, 18 N. B. R. 114.)

The granting of the discharge does not oust the register of his jurisdiction of the cause, as it is a mere incident in the proceedings. The cause proceeds before the register until the final discharge, by the court, of the assignee from the trust. (In re Dole, 7 N. B. R. 538; 7 West. Jur. 629; Fed. Cas. 3965.)

After a bankrupt's discharge, he cannot be required to appear and submit to an examination touching his acts and business and to give complete statements about his lands, etc., prior to adjudication. (In re Dean, 8 N. B. R. 188; Fed. Cas. 3701. For contra, see In re Heath et al., 7 N. B. R. 448; Fed. Cas. 6304.)

Where a debtor has obtained a discharge under a state insolvent law, and subsequently obtains a discharge under the Bankrupt Act, the discharge in bankruptcy will not affect the right of the insolvent trustee to property acquired by inheritance after the granting thereof. (Lavender v. Gosnell et al., 12 N. B. R. 282.)

Amounts remaining in the hands of the assignee, after discharge of a bankrupt against whose estate no debts were proved, and there is reasonable cause to believe none will be proved, will, upon proper petition, be paid to the bankrupt. (In re Hoyt, 3 N. B. R. 13; Fed. Cas. 6806.) He is entitled to the funds acquired subsequent to his final discharge, and may use them to purchase his former assets at his assignee's sale. (Phelps, Ass., v. McDonald et al., 16 N. B. R. 217.) An application for exemption can only be made before his discharge; afterward he cannot be re-admitted to petition for and to be allowed an additional exemption granted after his discharge. (In re Kean et al., 8 N. B. R. 367; 2 Amer. Law Rec. 230; Fed. Cas. 7630.)

Where a bankrupt agrees with a creditor to pay his claim in full on condition that the creditor will agree to a discharge, and after the discharge a note is made for the difference between the claim and the dividend, which the wife of the bankrupt signs and secures by a mortgage on her separate property without knowledge of the agreement, such mortgage and note are void. (Blasdel v. Fowle et al., 17 N. B. R. 412.)

A bankrupt's discharge in a foreign country does not discharge a debt made in and with reference to the laws of this country. (In re Shep

pard, 1 N. B. R. 116; 7 Amer. Law Reg. (N. S.) 484; 1 Amer. Law T. Rep. Bankr. 49; Fed. Cas. 12753.)

For stay of proceedings pending application for a discharge, see sec. 11.

c. The confirmation of a composition shall discharge the bankrupt from his debts, other than those agreed to be paid by the terms of the composition and those not affected by a discharge.

After a bankrupt has been examined in open court or at a meeting of his creditors, and filed the schedule of his property and list of his creditors, he may offer terms of composition (sec. 12a), which the judge may confirm if satisfied that it is for the best interests of his creditors, that it is made in good faith, and that the bankrupt has not been guilty of any act which would bar a discharge (sec. 12d), when the consideration must be distributed as the judge directs and the case dismissed (sec. 12e), the title to his property thereupon revesting in the bankrupt. (Sec. 70f.) Effect of composition.— A discharge by virtue of compliance with the terms of composition is a discharge by operation of law. (In re Merriman, 18 N. B. R. 411; 44 Conn. 587; 26 Pittsb. Leg. T. 120; Fed. Cas. 9479.) The inability of a debtor to obtain a discharge by order of the court does not preclude his obtaining satisfaction of his debts by way of composition (In re Weber Furniture Co., 13 N. B. R. 529; Fed. Cas. 17330), the effect of which is to absolutely discharge the debts of those creditors whose names, addresses and debts are placed in the statement produced at the meeting of creditors, and no other discharge is needed. Other debts are not discharged. (In re Becket, 12 N. B. R. 201; 2 Woods, 173; 7 Chi. Leg. News, 243; Fed. Cas. 1210.) But, unless the amount agreed upon is actually paid, the composition will not discharge the debtor. (In re Hurst, 13 N. B. R. 455; 1 Flip. 462; 8 Chi. Leg. News, 147; 3 Cent. Law J. 78; Fed. Cas. 6925.) If a composition has been duly ratified it confines the secured creditor to his security, and discharges the debtor from personal liability for the secured debt. (In re Lytle & Co., 14 N. B. R. 457; 11 Phila. 522; 3 N. Y. Wkly. Dig. 303; 5 Amer. Law Rec. 306; 9 Chi. Leg. News, 18; 33 Leg. Int. 349; 1 Cin. Law Bul. 246; 24 Pittsb. Leg. J. 14; Fed. Cas. 8650.) Where the holder of an accommodation note, knowing it to be such, signs a resolution in favor of composition with the indorser, the maker of the note is not released from liability. (Guild v. Butler, 16 N. B. R. 347.) A resolution of composition will dissolve an attachment made within four months before the commencement of the proceedings in bankruptcy. (Smith, Stebbins & Co. v. Engle et al., 14 N. B. R. 481.) A discharge by composition will effect the dismissal of an attachment suit instituted two weeks before a petition in bankruptcy is filed. (Smith, Stebbins & Co. v. Engle et al., 14 N. B. R. 489.)

See also COMPOSITIONS, sec. 12.

Sec. 15. Discharges, when revoked.-a. The judge may, upon the application of parties in interest who have not been guilty of undue laches, filed at any time within one year after a discharge shall have been granted, revoke it upon a trial if it shall be made to appear that it was obtained through the fraud of the bankrupt, and that the knowledge of the fraud has come to the petitioners since the granting of the discharge, and that the actual facts did not warrant the discharge.

[Act of 1867. SEC. 34. That any creditor or creditors of said bankrupt, whose debt was proved or provable against the estate in bankruptcy, who shall see fit to contest the validity of said discharge on the ground that it was fraudulently obtained, may, at any time within two years after the date thereof, apply to the court which granted it to set aside and annul the same. Said application shall be in writing, shall specify which, in particular, of the several acts mentioned in section twenty-nine it is intended to give evidence of against the bankrupt, setting forth the grounds of avoidance, and no evidence shall be admitted as to any other of the said acts; but said application shall be subject to amendment at the discretion of the court. The court shall cause reasonable notice of said application to be given to said bankrupt, and order him to appear and answer the same, within such time as to the court shall seem fit and proper. If, upon the hearing of said parties, the court shall find that the fraudulent acts, or any of them, set forth as aforesaid by said creditor or creditors against the bankrupt, are proved, and that said creditor or creditors had no knowledge of the same until after the granting of said discharge, judgment shall be given in favor of said creditor or creditors, and the discharge of said bankrupt shall be set aside. and annulled. But if the court shall find that said fraudulent acts and all of them, set forth as aforesaid, are not proved, or that they were known to said creditor or créditors before the granting of said discharge, then judgment shall be rendered in favor of the bankrupt and the validity of his discharge shall not be affected by said proceedings.]

The object of this section is to maintain good faith in the securing of a discharge. In order to protect persons acting upon the strength of a discharge, it is provided that on its revocation the property acquired by the bankrupt, in addition to his estate at the time the adjudication was

made, is to be applied to the payment in full of the claims of creditors for property sold to him on credit, in good faith, while such discharge was in force, and the residue, if any, shall be applied to the payment of debts which were owing at the time of the adjudication. (Sec. 64c.) Whenever a discharge is revoked upon the appointment and qualification of a trustee, he is vested with the title to all of the bankrupt's property as of the date of the final decree revoking the discharge. (Sec. 70d.) When a discharge will be revoked.— A discharge obtained by fraud will be revoked. (In re Augenstein, 16 N. B. R. 252.) A discharge will also be revoked if it appear that the bankrupt swore falsely in scheduling his creditors and liabilities, and that the creditor thus omitted from the schedule did not know of the act until after the discharge was granted. (In re Herrick, 7 N. B. R. 341; Fed. Cas. 6419.) Therefore if, by wilfully making a false schedule or affidavits, the bankrupt prevents notice to a creditor, his discharge may be revoked. (Rayl, Adm'x, v. Lapham, 15 N. B. R. 508.) A discharge will also be revoked if the requirements of the act in force at the time have not been complied with. (In re Carrier & Baum, 13 N. B. R. 208; 23 Pittsb. Leg. J. 57; Fed. Cas. 2413.)

Where a creditor of a bankrupt who has filed objections to his discharge is prevented by accident from attending at the hearing, and the order of discharge is issued, and in the same term files a petition to revoke the discharge, the court has the power to do so; and the court has a right to recall a final decree granting a discharge to a bankrupt upon application in the term at which the decree was passed, and it seems that the court also has the power after the term has ended. (In re Dupee, 6 N. B. R. 89; 2 Lowell, 18; Fed. Cas. 4183.)

Where, after the bankrupt has been discharged, creditors bring an action to have the discharge revoked on the ground that the debtor concealed certain property, setting out the manner in which it had been concealed, and asking that certain conveyances be set aside as fraudulent, a demurrer will not be sustained. (Nicholas, Ass., v. Murray et al., 18 N. B. R. 469; 5 Sawy. 320; Fed. Cas. 10223.)

Waiver of discharge.- In an action to set aside a transfer of property made to defraud creditors, the fraudulent holder of the property cannot set up as a defense the debtor's discharge in bankruptcy, where the debtor has waived such discharge. (Dewey et al. v. Moyer et al., 16 N. B. R. 1.)

When a discharge will not be revoked.—Where the creditor has been guilty of laches in filing a motion to revoke the discharge, the mo tion will be denied (In re Buchstein, 17 N. B. R. 1; 9 Ben. 215; Fed. Cas. 2076), since the limitation in relation to proceedings to amend a discharge is absolute, and the time begins to run from the date of the discharge and not from the discovery of fraud (In re Brown, 19 N. B. R. 312; Fed. Cas. 1983); and therefore, two years after receiving his dis

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