MILWAUKEE v. PONTELL

No. 41.

49 Wis.2d 662 (1971)

183 N.W.2d 101

CITY OF MILWAUKEE, Appellant, v. PONTELL, Respondent.

Supreme Court of Wisconsin.

Decided February 2, 1971.


Attorney(s) appearing for the Case

For the appellant there were briefs by John J. Fleming, city attorney, and Wallace E. Zeddun and Rudolph T. Randa, assistant city attorneys, and oral argument by Mr. Randa.

For the respondent there was a brief and oral argument by Peter J. Kondos of Milwaukee.


HALLOWS, C. J.

The issue is whether a tort claim for specific amount of money for property damage based upon negligence is discharged in bankruptcy when no action is pending therefor at the time the petition in bankruptcy is filed. The defendant contends the claim was "fixed" because it was set forth in a dollar amount and therefore was discharged in bankruptcy as a provable claim. We think not.

Not all claims are discharged in bankruptcy. With six exceptions...

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