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The Dischargeability Of Debts In Bankruptcy, Paul J. Hartman
The Dischargeability Of Debts In Bankruptcy, Paul J. Hartman
Vanderbilt Law Review
From the viewpoint of the bankrupt debtor, a discharge from his obligations is, no doubt, the most important facet of bankruptcy proceedings. The bankruptcy discharge is designed to relieve the honest debtor from his financial entanglements, and to give him an opportunity to reinstate himself in the business world. A debtor is now entitled to a discharge as a matter of right, unless he has been guilty of certain specified offenses against the Bankruptcy Act. For many generations the idea of a discharge from one's debts has been the relieving feature of bankruptcy. However, it has not always been so. …
Determination Of The Effect Of A Discharge In Bankruptcy, T. A. Smedley
Determination Of The Effect Of A Discharge In Bankruptcy, T. A. Smedley
Vanderbilt Law Review
This article examines the operation of the system under which the granting of the discharge is the function of the bankruptcy court but the construction of the effect of the discharge falls within the power of any court in which a creditor happens to bring suit to enforce an obligation of the bankrupt. The customary practice of leaving to the lower state courts the task of determining the dischargeability of specific debts is evaluated, and the bases for having this determination made in the bankruptcy court instead are explored.