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COMMERCIAL & EXCHANGE BANK v. McDANIEL

55821.

147 Ga. App. 378 (1978)

249 S.E.2d 97

COMMERCIAL & EXCHANGE BANK v. McDANIEL.

Court of Appeals of Georgia.

Decided September 7, 1978.

Rehearing Denied October 5, 1978.

Attorney(s) appearing for the Case

Smith & Hamrick, Dewey Smith, for appellant.

Murphy, Witcher & Murphy, Jack F. Witcher, for appellee.

SHULMAN, Judge.

Appellant brought suit in July 1976 on a promissory note executed by appellee in 1973. Appellee answered, pleading, among other defenses, a discharge in bankruptcy. Subsequent investigation showed that the debt to appellant was not listed in the bankruptcy petition. The attorney who represented appellee in the bankruptcy court filed a motion in that court to reopen the case and moved for leave to amend the schedules in the bankruptcy petition. The...

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