LINCOLN ROCHESTER TRUST v. PEARL


60 Misc.2d 631 (1969)

Lincoln Rochester Trust Company, Plaintiff, v. Dolores Pearl, Defendant.

Supreme Court, Trial Term, Monroe County.

July 9, 1969


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Robert A. Vanasco of counsel), for plaintiff. Falk, Schoenwald, Klafter & Ange (Sidney K. Schoenwald of counsel), for defendant.


CARROLLTON A. ROBERTS, J.

This is a trial without jury to determine whether a creditor whose debt admittedly was not scheduled in a bankruptcy petition is nonetheless discharged by reason of alleged actual knowledge of the petition.

Paragraph (3) of subdivision (a) of section 17 of the National Bankruptcy Act (U. S. Code, tit. 11, § 35, subd. [a], par. [3]) excepts from the operation of the discharge all provable debts which "have not been...

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