MATTER OF CLARK

No. 237, Docket 28516.

328 F.2d 612 (1964)

In the Matter of Henry CLARK, Bankrupt-Appellant. Chemical Bank New York Trust Company, Objecting Creditor-Appellee.

United States Court of Appeals Second Circuit.

Decided January 30, 1964.


Attorney(s) appearing for the Case

Joseph Jaspan, Brooklyn, N. Y., for bankrupt-appellant.

Leonard Zalkin, New York City (Zalkin & Cohen, New York City), for objecting creditor-appellee.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.


PER CURIAM.

The sole question presented here is whether the bankrupt's failure to appear at the hearing on the objections to his discharge acted as a waiver of his right to a discharge. The bankrupt claimed that his physical condition (a heart ailment) was such that he could not be subjected to legal questioning. No application was made by the bankrupt for a nunc pro tunc order resetting the time for the hearing. The Referee and the Court held that since Section...

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