When a discharge has been denied in a former proceeding, it is res adjudicata as to same debts scheduled in second proceeding.

Kuntz v. Young (C. C. A., 8th Cir.), 12 Am. B. R. 506, 131 Fed. 719, 65 C. C. A. 477.

In re Weintraub, 13 Am. B. R. 711, 133 Fed. 1000.

In re Royal, 7 Am. B. R.

636, 113 Fed. 140.

In re Kuffler (C. C. A., 2d Cir.), 18 Am. B. R. 16, 151 Fed. 12, 80 C. C. A. 508, revg. 16 Am. B. R. 305, 144 Fed. 445. See also, s. c. 19 Am. B. R. 181, 155 Fed. 1018, affd. 22 Am. B. R. 289.

See, In re Elkind and Schwartz, 23 Am. B. R. 166, 175 Fed. 64, 99 C. C. A. 86. In re Silverman (C. C. A., 2d Cir.), 19 Am. B. R. 460, 157 Fed. 675, 85 C. C. A. 224.

In re Stone, 23 Am. B. R. 24, 172 Fed. 947.

In re Pullian (D. C., Tenn.), 22 Am. B. R. 513, 171 Fed. 595.

In re Westbrook (D. C., Ala.), 26 Am. B. R. 182, 186 Fed. 414.

Bacon v. Buffalo Cold Storage Co. (C. C. A., 5th Cir.), 27 Am. B. R. 736,

193 Fed. 34, 113 C. C. A. 358, certiorari denied, 225 U. S. 701, 56 L. Ed. 1264.

In re Wagner (D. C., Nev.), 15 Am. B. R. 100, 139 Fed. 87.

In

re Bramlett (D. C., Ga.), 20 Am. B. R. 402, 161 Fed. 588.

Pollett v. Cosel (C. C. A., 1st Cir.), 24 Am. B. R. 678, 179 Fed. 488, 103 C. C. A. 68.

In partnership cases.

In re Springer (D. C., No. Car.), 29 Am. B. R. 96, 199 Fed. 294.

Obtaining judgment on a debt after expiration of time within which to apply

for a discharge creates no new debt.

In re Schnabel (D. C., N. Y.), 23 Am. B. R. 22, 166 Fed. 383.

Does not apply to former Bankruptcy Act.

In re Herrman (C. C. A., 2d Cir.), 13 Am. B. R. 778, 136 Fed. 767, 69 C. C. A. 413.

Form No. 58

SPECIFICATION OF GROUNDS OF OPPOSITION TO BANKRUPT'S

DISCHARGE

In the District Court of the United States for the

of

IN THE MATTER OF

In Bankruptcy.

Bankrupt.

District

bankrupt, do hereby oppose the granting to him of a dis

charge from his debts, and for the grounds of such opposition' do file the following specification: [Here specify the grounds of oppo

sition.]

Creditor.

Cross references.- See, for another form, Form No. 326, post. For grounds of objection to discharge and the practice, consult § 14, ante. See also General Order XXXII.

Verification. This form should have a verification.

Form No. 59

DISCHARGE OF BANKRUPT

District Court of the United States,

of

.. in said district, has been

Whereas, duly adjudged a bankrupt, under the acts of Congress relating to bankruptcy, and appears to have conformed to all the requirements of law in that behalf, it is therefore ordered by this court that said be discharged from all debts and claims which

.........

are made provable by said acts against his estate, and which existed on the ...... day of A. D. 19..., on which day the petition for adjudication was filed ...... him; excepting such debts as are by law excepted from the operation of a discharge in bankruptcy. Witness the Honorable judge of said district

court, and the seal thereof this .... day of

S Seal of
the court. S

A. D. 19...

Clerk.

This differs from the discharge certificate under the law of 1867. The use of this form is universal. For effect, consult § 14, ante.

Order of discharge.

In re Marshall Paper Co. (C. C. A., 1st Cir.), 4 Am. B. R. 468, 102 Fed. 872, 43 C. C. A. 38, revg. in part 95 Fed. 419.

In re Royal, 7 Am. B. R. 636, 113 Fed. 140.

Unless there are dischargeable debts, no jurisdiction to discharge.

In re Gulick, 26 Am. B. R. 632, 186 Fed. 350.

In re Yates (D. C., Cal.), 8 Am. B. R. 69, 114 C. C. A. 365.

In re Maples (D. C., Mont.), 5 Am. B. R. 426, 105 Fed. 919.

Discharge may not be granted until the specifications of objection thereto

have been disposed of.

In re Randall, 20 Am. B. R. 305, 159 Fed. 298.

As evidence.

A certified copy of an order granting a discharge is evidence of the jurisdiction of the court and the regularity of the proceedings.

Kreitlein v. Ferger (Ind. App. Ct.), 28 Am. B. R. 908, revd. on other grounds (3. c. U. S. Sup.), 34 Am. B. R. 862, 238 U. S. 21, 59 L. Ed. 1184. Bankrupt entitled to a discharge unless he has committed an offense punishable under § 14-b as amended.

In re Crist, 9 Am. B. R. 1, 116 Fed. 1007.

In re Marshall Paper Co. (supra).

Even though he owes but one debt.

In re Frank, 6 Am. B. R. 156, 107 Fed. 272.

In re Schwaninger, 16 Am. B. R. 427, 144 Fed. 555.

Partnership. When individuals as such not entitled to a discharge.

In re Hale, 6 Am. B. R. 35, 107 Fed. 432.

In re Pincus (D. C., N. Y.), 17 Am. B. R. 331, 147 Fed. 621.

When partnership debts not affected.

In re Hartman, 3 Am. B. R. 65, 96 Fed. 593.

In re Carmichael, 2 Am. B. R. 815, 96 Fed. 594.

In re Laughlin, 3 Am. B. R. 1, 96 Fed. 589.

In re McFaun, 3 Am. B. R. 66, 96 Fed. 592.

In re Meyers, 3 Am. B. R. 260, 97 Fed. 753.

In re Bertenshaw (C. C. A., 8th Cir.), 19 Am. B. R. 577, 157 Fed. 363, 85 C. C. A. 61.

Right to a discharge distinct from the effect of a discharge.

In re Blumberg, 1 Am. B. R. 633, 94 Fed. 476.

Right governed by law as it stood at the time bankrupt filed his petition in bankruptcy. In re Peterson, 10 Am. B. R. 355.

Right to discharge not affected by subsequent insanity.

In re Miller, 13 Am. B. R. 345, 133 Fed. 1017.

Corporation entitled thereto.

In re Marshall Paper Co. (supra).

Personal notice of the application not essential to the binding force of the decree.

Hanover National Bank v. Moyses (U. S. Sup.), 8 Am. B. R. 1, 186 U. S. 181, 46 L. Ed. 1113.

Mailing in the manner prescribed by the statute is sufficient.

In re Downing (D. C., N. Y.), 28 Am. B. R. 778, 199 Fed. 329.

Wheeler v. Newton (N. Y. App. Div.), 35 Am. B. R. 25, 154 N. Y. Supp. 431. Effect of discharge.- See § 17, ante.

Personal to the debtor.

Bona fide liens not affected.

Paxton v. Scott, 10 Am. B. R. 80.

Bassett v. Thackara (N. Y. Sup.), 16 Am. B. R. 786.

Howard v. Cunliff, 10 Am. B. R. 71, 69 S. W. 737.

In re Peterson (N. Y. App. Div.), 24 Am. B. R. 270, affg. s. c. 22 Am. B. R. 549.

Does not affect the right of the trustee or creditors to set aside a fraudulent conveyance.

Blick v. Nimmo, 30 Am. B. R. 770.

Stephenson v. Bird et al. (Sup. Ct., Ala.), 25 Am. B. R. 909.

In re Pierce, 4 Am. B. R. 554.

The mere acknowledgment of a debt discharged or the subsequent expression of an intention to pay same is not sufficient to revive the debt. See § 17, ante. VOL. III- 4

Coe v. Ro ene (Wash. Sup. Ct.), 27 Am. B. R. 175.

Effect upon obligation of principal to surety.

Williams v. United States Fidelity & Guaranty Co. (U. S. Sup.), 34 Am. B. R. 181, rev'g 28 Am. B. R. 802.

To be a bar must be pleaded.

In re Rhutassel, 2 Am. B. R. 697, 96 Fed. 597.

Effect of upon exempt property.

Realty Co. v. Gioshio (Pa. Ct. Com. Pl.), 27 Am. B. R. 58.

Does not affect funds in hands of trustee.

Johnson v. Norris (C. C. A., 5th Cir.), 27 Am. B. R. 107, 190 Fed. 459, 111 C. C. A. 291.

Amendment of discharge.

Where individual schedules firm debts.

In re Kaufman (D. C., N. Y.), 14 Am. B. R. 393, 136 Fed. 262. In re Diamond (C. C. A., 2d Cir.), 17 Am. B. R. 563, 149 Fed. 407, 79 C. C. A. 227.

To the Honorable

....

com

Judge of the District Court of the United States for the ... ... District of ..... The above-named bankrupt respectfully represent that a position of ...... per cent. upon all unsecured debts, not entitled to a priority in satisfaction of ...... debts has been proposed by ..... to .... creditors, as provided by the acts of Congress relating to bankruptcy, and ..... verily believe that the said composition will be accepted by a majority in number and in value of ..... creditors whose claims are allowed.

Wherefore, he pray that a meeting of ....... creditors may be duly called to act upon said proposal for a composition, according to the provisions of said acts and the rules of court.

Bankrupt.

This form is never used, as offer and acceptances are filed and application Imade at once to confirm. See § 12, ante.

Form No. 61

APPLICATION FOR CONFIRMATION OF COMPOSITION

In the District Court of the United States for the

of

IN THE MATTER OF

In Bankruptcy.

Bankrupt.

District

To the Honorable

At

Judge of the District Court of
District of

.....

:

the United States for the
in said district, on the ....... day of
the above-named bank-

A. D. 19..., now comes
rupt, and respectfully represents to the court that, after he had been
examined in open court [or at a meeting of his creditors] and had
filed in court a schedule of his property and a list of his creditors,
as required by law, he offered terms of composition to his creditors,
which terms have been accepted in writing by a majority in number
of all creditors whose' claims have been allowed, which number repre-.
sents a majority in amount of such claims; that the consideration to
be paid by the bankrupt to his creditors, the money necessary to pay
all debts which have priority, and the costs of the proceedings,
amounting in all to the sum of ........ dollars, has been deposited,
subject to the order of the judge, in the ...... National Bank, of
a designated depository of money in bankruptcy cases.
Wherefore the said ...
respectfully asks that the

said composition may be confirmed by the court.

Bankrupt.

Cross-references. This form, when verified by the bankrupt, is sufficient to bring a proposed composition before the court. Consult § 12, generally. See also Forms Nos. 344-364, post, 94, 95, 96, 97, 98, 99, 100, 101, 102 and 103 for a complete practice on composition. See also § 58-a (2) and General Order XXXII.