MILANDO v. PERRONE

No. 63, Docket 20330.

157 F.2d 1002 (1946)

MILANDO v. PERRONE.

Circuit Court of Appeals, Second Circuit.

Decided November 7, 1946.


Attorney(s) appearing for the Case

Arthur Klein, of New Haven, Conn. (Alfred E. DeCapua, of New Haven, Conn., on the brief), for appellant.

Louis Feinmark, of New Haven, Conn. (Edward J. Sigle, of New Haven, Conn., on the brief), for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

This appeal raises a question as to the power of the bankruptcy court to reopen a long-closed estate which had shown no assets, for the scheduling and eventual discharge of a claim inadvertently omitted from the original schedules. The claim was omitted because of lack of knowledge of the judgment on which it was based; and because of the failure to schedule, the judgment creditor received no notice and had no knowledge of the bankruptcy proceedings...

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