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IN RE KOPF

No. 65-B-310.

299 F.Supp. 182 (1969)

In the Matter of Joseph A. KOPF, Bankrupt.

United States District Court E. D. New York.

May 1, 1969.

Attorney(s) appearing for the Case

Goldman, Horowitz & Cherno, Mineola, for bankrupt; Seymour J. Silberberg, Mineola, of counsel.

Richard M. Roberts, Acting Asst. Atty. Gen., Johnnie M. Walters, Asst. Atty. Gen., Fred B. Ugast, John S. Kingdon, Attys., Dept. of Justice, Vincent T. McCarthy, U. S. Atty., Howard E. Babbush, Asst. U. S. Atty., for the United States.

BARTELS, District Judge.

This is a petition for review of Referee Rudin's decision upon the meaning of the phrase "legally due and owing" in the 1966 amendment to Section 17(a) (1) of the Bankruptcy Act (11 U.S.C.A. § 35(a) (1)), the pertinent portion of which reads:

"Debts Not Affected by a Discharge. (a) A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as (1...

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