to the date of payment on all timely filed claims.
The second item set forth in Marjorie H. Vandergrift's late claim is for delinquency in support payments.
The Trustee admits the bankrupt's support obligation was exempt and not dischargeable under § 17, sub. a(2) of the Bankruptcy Act. Dunbar v. Dunbar, 190 U.S. 340, 23 S. Ct. 757, 47 L. Ed. 1084, (1903). Section 17 states: 'A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except * * *' implies that the listed exceptions are provable debts and can both share in the estate and seek satisfaction out of after-acquired assets. Such is the case with most of the claims found in the exceptions; they may share in the estate and also seek to enforce their claims against the bankrupt after discharge. See Heimberger v. Joseph, 55 F.2d 171 (6th Cir. 1931).
The purpose of the bankruptcy proceeding is twofold: To relieve the debtor of a hopelessly indebted situation and more importantly to enable creditors to receive as much by way of payment as possible. In order to achieve these ends title to property held by the bankrupt passes to the trustee to be administered in the most advantageous way. However the trustee receives title only to property which is capable of being transferred by the bankrupt at the time the petition is filed. See Everett v. Judson, 228 U.S. 474, 33 S. Ct. 568, 57 L. Ed. 927 (1913).
In view of the foregoing petitioner is hereby granted leave to file her amended proof of claim which was presented for filing July 10, 1962.
Claimant Marjorie Holmes Vandergrift filed certain Interrogatories to Moon Car Motor Company or its Receiver on March 4, 1963, which indicates that claimant is endeavoring to attack the claim as filed by Receiver of Moon Motor Car Company. Objections have been filed by the Receiver of Moon Motor Car Company to the Interrogatories as propounded. The objections to such interrogatories are sustained since the claim as filed in the sum of $ 55,928.95 was allowed by the former Referee who heard same. Also bankrupt listed said creditor in his schedules as holding a judgment and for the same amount of $ 55,928.95. This he took an affidavit to and no useful purpose could be achieved in attacking said claim at this late date.
FINDINGS OF FACT
1. J. Jay Vandergrift filed a voluntary petition in bankruptcy and was adjudicated a bankrupt on April 20, 1938.
2. Moon Motor Car Company, by its Receiver, filed its claim within the statutory period for filing claims and same was allowed in the sum of $ 55,928.95.
3. On May 21, 1938 Augustus E. Evans was appointed trustee and has continued to act until the present time.
4. Bankrupt received his discharge July 21, 1938.
5. Proceedings remained open for the sole purpose of trustee obtaining whatever interest, the bankrupt may have had in an estate of his grandfather, after the death of a life tenant which took place July 3, 1959.
6. Bankrupt's interest in said estate did not come into existence until the death of the life tenant on July 3, 1959. The Orphans' Court held this to be a transmissible remainder interest in the trust estate which passed to his Trustee in bankruptcy.
CONCLUSIONS OF LAW
1. Courts of Bankruptcy are invested with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings.
2. Bankruptcy Courts have power to permit the filing of claims after the six month period has passed to prevent injustice.
3. Laches may not be asserted where delay does not hurt any party.
4. Trustee receives title only to property which is capable of being transferred by the bankrupt at the time the petition is filed.
5. The bankrupt is not released from debts for alimony due or to become due, or for maintenance or support of wife or child by reason of bankruptcy or after his discharge from all of his provable debts.
And now, to-wit, this 4th day of March, 1964,
It is hereby ordered that the claim filed by Marjorie Holmes Vandergrift be permitted to be filed as though same had been filed within the Statutory Period allowed for the filing of claims in this estate.
It is further ordered that the Petition for Interrogatories filed by Marjorie Holmes Vandergrift is hereby dismissed.
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