Page:United States Statutes at Large Volume 84 Part 1.djvu/1049

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[84 STAT. 991]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 991]

84 STAT. ]

PUBLIC LAW 91-467-OCT. 19, 1970

991

"(2) Upon the expiration of the time fixed in the order for filing objections or of any extension of such time granted by the court, the court shall discharge the bankrupt if no objection has been filed and if the filing fees required to be paid by this Act have been paid in full; otherwise, the court shall hear such proofs and pleas as may be made in opposition to the discharge, by the trustee, creditors, the United States attorney, or such other attorney as the Attorney General may designate, at such time as will give the bankrupt and the objecting parties a reasonable opportunity to be fully heard." SEC. 3. Section 14 of the Bankruptcy Act (11 U.S.C. 32) is ^^arge'°^'^^^" amended by adding at the end thereof the following new subdivisions: 52 Stat. sso; "f. An order of discharge shall— ^^ ^*^*' ^46. "(1) declare that any judgment theretofore or thereafter obtained in any other court is null and void as a determination of the personal liability of the bankrupt with respect to any of the following: (a) debts not excepted from the discharge under subdivision a of section 17 of this Act; (b) debts discharged under paragraph (2) of subdivision c of section 17 of this Act; and (c) debts determined to be discharged under paragraph (3) of subdivision c of section 17 of this Act; and " (2) enjoin all creditors whose debts are discharged from thereafter instituting or continuing any action or employing any process to collect such debts as personal liabilities of the bankrupt. "g. An order of discharge which has become final may be registered Registration. in any other district by filing therein a certified copy of such order and when so registered shall have the same effect as an order of the bankruptcy court of the district where registered and may be enforced in like manner. Notice to "h. Within forty-five days after the order of discharge becomes final interested parties. the court shall give notice of the entry thereof to all parties in interest as specified in subdivision b of section 58 of this Act. Such notice shall also specify the debts, if any, theretofore determined by the court to bo nondischargeable, the debts, if any, as to which applications to determine dischargeaJbility are pending, and those contents of the order of discharge required by subdivision f of this section." SEC. 4. Section 15 of the Bankruptcy Act (11 U.S.C. 33) is amended 52 Stat. ssi to read as follows: " SEC. 15. DISCHARGES, W H E N REVOKED.—The court may revoke a discharge upon the application of a creditor, the trustee, the United States x attorney, or any other party in interest, who has not been guilty of laches, filed at any time within one year after a discharge has been granted, if it shall appear (1) that the discharge was obtained through the fraud of the bankrupt, that the knowledge of the fraud has come to the applicant since the discharge was granted, and that the facts did not warrant the discharge; or (2) that the bankrupt, before or after discharge, received or became entitled to receive property of any kind which is or which became a part of the bankrupt estate and that he knowingly and fraudulently failed to report or to deliver such property to the trustee; or (3) that the bankrupt during the pendency of the proceeding refused to obey any lawful order of, or to answer any material question approved by, the court. The application to revoke for such refusal may be filed at any time during the pendency of the proceeding or within one year after the discharge was granted, whichever period is longer."