COLWELL v. EPSTEIN

No. 3961.

142 F.2d 138 (1944)

COLWELL v. EPSTEIN et al.

Circuit Court of Appeals, First Circuit.

April 18, 1944.


Attorney(s) appearing for the Case

Joseph G. Crane, of Boston, Mass. (Edward T. Cauley, of Boston, Mass., of counsel), for appellant.

Sydney S. Epstein and I. J. Gornstein, both of Boston, Mass., for appellees.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAHONEY, Circuit Judge.

The question presented is whether debts provable in a bankruptcy proceeding which had been dismissed on the ground that the bankrupt failed to make a deposit for expenses are dischargeable in a subsequent voluntary proceeding.

The appellant filed a voluntary petition in bankruptcy on August 16, 1939, and was adjudicated a bankrupt. No further action was taken on this petition until April 26, 1940, when an order was entered dismissing...

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