· 4/23/1904

In re Gift

Citations

  • 130 F. 230
  • 1904 U.S. Dist. LEXIS 251

Syllabus

<p>1. Bankruptcy — Objections to Discharge — Amendment.</p> <p>A specification of objections to a bankrupt’s discharge is in the nature of a pleading setting up matters of fact, and is required to be verified, but, being a matter of form, a verification may be supplied by amendment.</p> <p>2. Same.</p> <p>An amendment of objections to the discharge of a bankrupt in matter of substance is only allowable (after the time within which objections are required to be filed) where the amendment is no more than an amplification, by the supplying of details, of charges which are substantially stated in the original.</p> <p>3. Same — Grounds—Fraudulent Transfer of Property.</p> <p>Specifications of objection to the discharge of a bankrupt, alleging that, within four months prior to the filing of his petition, in contemplation of bankruptcy, and with intent to defraud his' creditors, he purchased certain household goods specified, which he transferred to a woman to whom he expected to be, and was afterward, married, and which were not included in his schedules, are legally sufficient, under Bankr. Act, § 4b (Act Feb. 5, 1903, c. 487, 32 Stat. 797 [ü. S. Comp. St. Supp. 1903, p. 411]), as amended, which does not require an allegation in such case that the transfer was “knowingly and fraudulently” made, as is the case where the act charged is an offense punishable by imprisonment</p> <p>Tf 1. As to right to reverify, see In re Vastbinder, 126 Fed. 417.</p>

Judges: Archbald

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