In re Gerstel

Citations

• 123 F. 166
• 1903 U.S. Dist. LEXIS 217

Syllabus

<p>1. Bankruptcy—Jurisdiction of Court—Compelling Surrender of Property by Bankrupt.</p> <p>A court of bankruptcy has jurisdiction and power to order a bankrupt to surrender to his trustee money or property belonging to bis estate, found to be in bis possession or under bis control, and to enforce obedience to such order by imprisonment for contempt.</p> <p>2. Sam:e—Concealment of Property—Sufficiency of Proof.</p> <p>The answer of a bankrupt to a rule to show cause why he should not be required to surrender property or its proceeds to his trustee, although under oath, is not conclusive on the court, but it may inquire into all the facts and circumstances; and where it is shown that a large amount of property was in the possession of the bankrupt a short time before the adjudication, which is not accounted for in the schedules, and the bankrupt fails to make any credible explanation, showing what became of such property, and especially when, instead of making a fair and full disclosure, he fails or refuses to explain matters which should be within his knowledge, or to produce books of account and records such as would ordinarily be kept in his business, the court is justified in finding that the property or its proceeds is still in his possession or under his control, and in ordering him to surrender the same to the trustee.</p>