75 P. 889 | Or. | 1904
after stating the facts in the foregoing terms, delivered the opinion of the court.
The question brought up for review is whether a judgment creditor of a bankrupt can, after the latter’s discharge, levy on and sell his property because of the fraud practiced in securing such release. Congress is authorized to establish uniform laws on the subject of bankruptcies throughout the United States: Constitution United States, Art. I, § 8. And in exercising the power thus conferred, the federal courts have been clothed with exclusive jurisdiction of all proceedings in bankruptcy, as distinguished from independent actions at law or suits in equity : Bardes v. Hawarden Bank, 178 U. S. 524 (20 Sup. Ct. 1000). Section 17 of the act of Congress of July 1,1898, c. 541, 30 Stat. U. S. 544, 550 (U. S. Comp. St. 1901, p. 3428), provides, in effect, that a discharge in bankruptcy shall release the bankrupt from all provable debt, except (1) taxes; (2) judgments in actions for fraud; (3) claims that have not been duly scheduled in time for proof and allowance ; or (4) debts created by fraud or defalcations while acting in a fiduciary capacity.
Affirmed.
1 Fed. Stat. Ann. p. 578.
1 Fed. Stat. Ann. pp. 563, 565, § 11, d.
1 Fed. Stat. Ann. p. 702.