Freshman v. Atkins, 269 U.S. 121 (1925)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 269 U.S. 118, click here.

Freshman v. Atkins

No. 41

Argued October 14, 1925
Decided November 16, 1925
269 U.S. 121

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. The pendency of a voluntary petition in bankruptcy precludes consideration of a second voluntary petition in respect of the same debts. P. 122.

2. The district court, on application for discharge in a voluntary proceeding in bankruptcy, may take judicial notice of the pendency, in its own records, of an earlier like application, and of its own motion, because of such pendency, may refuse the later application insofar as the same debts are concerned. P. 123.

294 F. 867 affirmed.

Certiorari to a judgment of the circuit court of appeals affirming an order of the district court which denied in part an application for a discharge in bankruptcy. 290 F. 609.