William (Willie) Venson, Bankrupt v. Housing Authority of the City of Atlanta
Cases that cite this one
18 later published cases cite this decision.
- State Farm Mutual Automobile Insurance v. Hall (Kan. 1977)
- Matter of Robertson (United States Bankruptcy Court, E.D. Virginia 1981)
- Robinson v. Currier (In re Robinson) (United States Bankruptcy Court, D. Oregon 1979)
- Local 478 Trucking & Allied Industries Pension Fund v. Jayne (District Court, D. New Jersey 1991)
- United States of America, Small Business Administration v. Loris C. Bridges (5th Cir. 1990)
- In re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. Clinton (9th Cir. 1986)
- Landers v. Johnson (In re Johnson) (United States Bankruptcy Court, S.D. Texas 1986)
- Isbell v. Alabama Power Co. (Ala. 1985)
- In the Matter of Ray Bryan ADAMS, Jr., Bankrupt. Z.D. BONNER, Plaintiff-Appellee, v. Ray Bryan ADAMS, Jr., Defendant-Appellant (5th Cir. 1984)
- Maldonado v. Ramirez (District Court, Virgin Islands 1984)
- Stella Reyes, Etc. v. Vantage Steamship Co., Inc. (5th Cir. 1982)
- Porter v. Arrow Investment Corp. (In re Porter) (United States Bankruptcy Court, D. Massachusetts 1981)
- Ward v. Meyers (Ark. 1979)
- Knott v. Penno Leasing Co. (District Court, S.D. Ohio 1979)
- In the Matter of Wayne Moureau and Erika Moureau, Bankrupts. Wayne Moureau v. Leaseamatic, Inc. (5th Cir. 1976)
- Jones v. Martin (Ariz. Ct. App. 1975)
- Chevron Oil Co. v. Dobie (New York Supreme Court 1974)
- Coller v. Harmon (D.C. 1967)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The District Court in this ease refused to restrain discovery proceedings by a *617 creditor, the Housing Authority of the City of Atlanta, against a bankrupt. The debt in question had been scheduled as follows:
“Judgment Superior Court of Fulton, County, Georgia Case No. A-8844, The Housing Authority of the City of Atlanta, dated February 18, 1963. 7,200”
The clerk of the bankruptcy court who is charged with the duty of notifying creditors of the bankruptcy proceedings sent a letter of notice to the Superior Court of Fulton County, rather than to the Housing Authority. This letter was never received by the Authority. However, it was admitted below that an employee of the Housing Authority had read of a William Venson bankruptcy in the Fulton County Daily Report.
The District Court rejected the defense of discharge in bankruptcy, holding first that the debt had not been “duly scheduled” within §§ 17, sub. a(3) and 7(8) of the Bankruptcy Act, 11 U.S.C. §§ 35, sub. a(3) and 25(8), and second that the Housing Authority had no actual knowledge of the bankruptcy proceedings within the meaning of § 7(8) of the Act. On this appeal, Venson contends that both of these holdings were erroneous.
The District Court gave thorough consideration to these questions, and we hold that it correctly concluded that the debt was not duly scheduled and that the Authority had no actual knowledge of the bankruptcy proceedings. In the Matter of Venson, Bankrupt, N.D.Ga., 1964, 234 F.Supp. 271, Venson not only failed to indicate the creditor’s address as required by the Act, but also listed the debt in a manner likely to confuse the bankruptcy clerk as to whether the creditor was the Housing Authority or the Superior Court. The debt being thus improperly scheduled, in order to secure a discharge Venson had the burden of proving that nevertheless the Authority had actual knowledge of the bankruptcy proceedings. This he failed to carry.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.