[Here set forth specifically facts constituting ground for revoking discharge.] That petitioner's sources of information are as follows: 4. Your petitioner alleges that the actual facts as above set forth did not warrant the discharge of said bankrupt and that said discharge was obtained through the fraud of the bankrupt. 5. That petitioner had no knowledge of the actual facts as above set forth at the time of the granting of the bankrupt's discharge. 6. That no previous application has been made for the order herein. Wherefore your petitioner prays for an order revoking and setting aside on the ground of fraud the discharge of the said ... ...., bankrupt, and for such other and further relief as may be just and proper in the premises. [Verification.] Cross-reference.-See § 15, Vol. I, ante. Petitioner. Form No. 339 ORDER REVOKING DISCHARGE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 287.) At a stated term of the District Court of the United States for the Bankrupt. a creditor with a provable claim herein, having filed a petition duly verified, praying that the discharge of the above named bankrupt granted on the .. day of 19..., be revoked and set aside for fraud of said bankrupt in obtaining said discharge, and the said bankrupt having filed his verified. answer thereto and the matter having been duly heard before this court, day of Now, upon reading and filing the petition of creditor herein, verified the and the answer of said bankrupt, verified the 19..., and after hearing .... a 19.... day of in sup port of said motion and .. in opposition thereto, and sufficient cause appearing to me therefor, it is to Ordered, adjudged, and decreed that the discharge granted herein on the ........ day of ... 19..., be and hereby is revoked and set aside and the proceeding reinstated. D. J. Cross-references. See §§ 2 (12), 14, 15, 21-f, 29-b, 64-c, ante. In re Bimberg, 9 Am. B. R. 601, 121 Fed. 942. In re Hawk, 8 Am. B. R. 71, 114 Fed. 916. Kentucky Nat. Bank of Louisville v. Carley (C. C. A. 3rd Cir.), 12 Am. B. R. 119, 127 Fed. 686, 62 C. C. A. 412. In re Wright, 24 Am. B. R. 437, 177 Fed. 578. Upon a trial.— Hearing before the judge or special master is a trial. Obtained through the fraud of the bankrupt. Fraud only ground for revocation. In re Meyers (D. C., N. Y.), 3 Am. B. R. 722; 100 Fed. 775. In re Roosa, 9 Am. B. R. 531, 119 Fed. 542. In re Hansen, 5 Am. B. R. 747, 107 Fed. 252. In re Hoover, 5 Am. B. R. 247, 105 Fed. 354. In re Griffin Bros., 19 Am. B. R. 78, 154 Fed. 537. Actual fraud theretofore knowingly practiced by the bankrupt. In re Wright (supra). Knowledge of the fraud, etc.- Essential and jurisdictional. Restricted to frauds discovered since entry of order of discharge In re Dietz, 3 Am. B. R. 316, 97 Fed. 563. When application denied. In re Fritz, 23 Am. B. R. 84, 173 Fed. 560. In re Lasch, 15 Am. B. R. 629, 142 Fed. 277. "Not guilty of undue laches." In re Hawk (C. C. A. 8th Cir.), 8 Am. B. R. 71, 114 Fed. 916; 52 C. C. A. 536. In re Upson, 10 Am. B. R. 758, 124 Fed. 980. In re Oleson, 7 Am. B. R. 22, 110 Fed. 796. Arrington v. Arrington, 13 Am. B. R. 89, 132 Fed. 200. In re Griffin Bros., 19 Am. B. R. 78, 154 Fed. 537. In re Mauzy, 21 Am. B. R. 59, 163 Fed. 900. In re Downing (D. C., N. Y.), 28 Am. B. R. 778, 199 Fed. 329. "Facts did not warrant the discharge."— In re Toothaker Bros., 12 Am. B. R. 99, 128 Fed. 187. Practice. In re Meyers (supra). In re Oliver, 13 Am. B. R. 582, 133 Fed. 832. Petitioners must have provable claims. In re Chandler (C. C. A. 7th Cir.), 14 Am. B. R. 512, 138 Fed. 637, 71 C. C. A. 87. Requisites of petition. In re Cuthbertson (D. C., So. Dak.), 29 Am. B. R. 823, 202 Fed. 266. In re Downing (supra). In re Walsh (D. C., N. Y.), 32 Am. B. R. 521, 213 Fed. 643. Amendment of petition. In re Oliver (supra). Effect of revocation. In re Shaffer, 4 Am. B. R. 728, 104 Fed. 982. No collateral attack. In re Shaffer (supra). Custard v. Wiggerson, 17 Am. B. R. 337, 130 Wis. 412. District court has no jurisdiction to entertain a suit in equity collaterally attacking and seeking to set aside a discharge. Sec. 15 of Act is exclusive. Atlantic Dynamite Co. v. Reger, 29 Am. B. R. 659, 200 Fed. 1002. Form No. 340 ORDER TO SHOW CAUSE IN STATE COURT WHY JUDGMENT SHOULD NOT BE STAYED BECAUSE OF DISCHARGE copy of the order in supplementary proceedings marked Exhibit on the certificate of the Clerk of the United States District marked and on all the pleadings and proceedings heretofore Court for the .... had herein, District of LET the plaintiff and judgment-creditor or his attorney show cause. before me or one of the Justices of this Court at Special Term, Part ...., held at the County Court House, in the City of at Part .... thereof, on the ... at ........ o'clock in the forenoon of that day or as soon thereafter as counsel can be heard, why an order should not be made staying the plaintiff and his attorneys from enforcing the judgment heretofore obtained by the plaintiff against the defendant. in the Supreme Court, day of on the ........ .... County, on the ground was duly that the same as against the defendant discharged in bankruptcy pursuant to the Acts of Congress relating to Bankruptcy, and for such other and further relief as to the Court may seem just and proper. In the meantime and until the further order of this Court let all proceedings on the part of the plaintiff and judgment-creditor, his attorneys, agents, servants and employees towards the enforcement and collection of said judgment as against the defendant...... or the examination in supplementary proceedings of said ... ... be and the same are hereby stayed. Sufficient reason appearing therefor let service of a copy of this order and affidavit upon which same is based on Esq., attorney for the plaintiff and judgment-creditor on or before the ........ day of .... be deemed good and sufficient service. at M., Dated, Justice of the Supreme Court of the State of Form No. 341 AFFIDAVIT FOR CANCELLATION OF A JUDGMENT AGAINST BANKRUPT (NEW YORK PRACTICE) (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 288.) 19..., in this recovered a judgment against deponent for and same was duly docketed in the .... That the sum of $.. office of the county clerk of the county of ... the debt upon which said judgment was obtained, was not created by fraud, nor such as would not be dischargeable in bankruptcy. 2. That on the ....... day of 19..., deponent was duly adjudicated a bankrupt in the district court of the United States for the. district of day of ... and 19..., was thereafter on the duly discharged of his debts in said court and a copy of said certificate of discharge is hereto annexed marked, Exhibit "A." 3. That more than one year has elapsed since the entry of said order of discharge. 4. That the debt evidenced by judgment of 66 aforesaid was duly scheduled in said bankruptcy proceedings, a copy of which schedules is hereto annexed, marked Exhibit B," and deponent was discharged therefrom. 5. That said judgment still stands of record in this court against deponent. 6. No previous application has been made for the order asked for herein. |