In re Baerncopf

Citations

• 117 F. 975
• 1902 U.S. Dist. LEXIS 120

Syllabus

<p>1. Bankruptcy—Discharge—Specifications of Objection—Verification.</p> <p>Specifications of objection to the discharge of a bankrupt are pleadings, and should be verified as required by section ISc of the bankruptcy act.</p> <p>2. Same—Signatures by Counsel.</p> <p>If counsel sign and swear to them, the reason of such signature should be stated.</p> <p>3. Same—Exceptions—W aiver.</p> <p>Specifications of objection to the discharge of a bankrupt were signed by counsel, and not sworn to. No exceptions were taken to the signature or lack of affidavit until after the testimony had all been taken and argument commenced. Held, that the failure to object in proper time waived the defects.</p> <p>4. Same—Fraudulent Concealment of Assets.</p> <p>Evidence considered, and, in view of the burden of proof being upon the objecting creditors, held to justify the referee’s finding that there was no fraudulent concealment of assets by the bankrupt.</p>