In re Allendorf

Citations

• 129 F. 981
• 1904 U.S. Dist. LEXIS 326

Syllabus

<p>1. Bankruptcy — Discharge—Grounds por Refusal.</p> <p>Where it appeared that a bankrupt who had been in business as a retail merchant but a short time conducted his business in a somewhat careless manner, and also that his stock had been damaged by fire, and a fire sale held, the mere fact that the value of the stock, as appraised by his trustee, was not as great as it apparently should, have been, estimated by deducting the amount of sales from the invoice prices, or that the amount of cash paid out, as shown by his check stubs, was short of the amount taken in from sales, is not sufficient, alone, and against his denial, to justify the refusal of his discharge on the ground that he concealed property and money from his trustee.</p> <p>2. Same-Failure to Keep Books.</p> <p>To warrant the withholding of a discharge for failure of the bankrupt to keep books or records, or for his destruction of them, it must be shown that such failure or destruction was with intent to conceal his financial condition.</p> <p>3. Same — Obtaining Credit by False Statement.</p> <p>The omission by a bankrupt to state an item of'indebtedness in a statement made at the request of a wholesale house to which he had previously sent an order for goods cannot be considered as rendering it a materially false statement, made for the purpose of obtaining other goods, which were not ordered until eight months thereafter — the goods ordered at the time having been paid for in the meantime — so as to defeat the right to a discharge under Bankr. Act, § 14b, cl. 3, as amended by Act Feb. 5, 1903, c. 487, 32 Stat. 797 [U. S. Comp. St Supp. 1903, p. 411].</p> <p>12. See Bankruptcy, vol. 6, Cent. Dig. § 752.</p>