Opinion
Gen. No. 43,518. (Abstract of Decisions.)
Opinion filed January 7, 1946 Released for publication January 21, 1946
BANKRUPTCY, § 78 — discharge in bankruptcy as not affecting valid lien. On appeal from order dismissing plaintiff's action to foreclose chattel mortgage on household goods for want of equity, where it appeared that in bankruptcy proceedings defendant scheduled amount due plaintiff and claimed mortgaged goods as exempt property, and plaintiff filed complaint to foreclose chattel mortgage after defendant was discharged in bankruptcy, held that dismissal was error for reason that plaintiff's lien was enforceable against property covered although debt which lien secured had been discharged in bankruptcy.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP FINNEGAN, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1945.
Olson Hanelin, for appellant;
No appearance for appellee.
Not to be published in full. Opinion filed January 7, 1946; released for publication January 21, 1946.