In re Grossman

Citations

• 111 F. 507
• 1901 U.S. Dist. LEXIS 90

Syllabus

<p>1. Bankruptcy—Discharge—Concealment op Assets and False Oath.</p> <p>A bankrupt, bail been engaged in business as a retail merchant. On November 23d he gave a chattel mortgage on Ills stock to a trustee for creditors, who took possession of and sold the same. The stock was inventoried by the trustee at $2,5(>0. The evidence showed that on July 1st, preceding, the stock amounted to about $1,000, and between that (late and the giving of the mortgage he had purchased additional stock to the value of $7,1557 on credit, on which he had not paid to exceed $200. His bank book also showed deposits during ihat time of about $3,400, of which about $3,100 had been checked out. Neither the checks nor stubs were produced; nor did the bankrupt explain wliat use was made of 1be money, or what had become of 1he goods. There was also other evidence in the record which tended to discredit his testimony and his business integrity. Hold, that such evidence, together with his failure to sustain the burden placed upon him by Bankr. Act 1808, § 7, subd. 0, of making a full and frank disclosure as to liis business transactions, justified a finding that lie had property at the time of Ills bankruptcy which lie concealed, and that he knowingly and fraudulently made a false oath to his schedules, in which he stated that he had no properly above his exemptions, and warranted the refusal of liis discharge.</p> <p>2. Same—Fees op Rkkeeke—.Hearing on Application eoe Discharge.</p> <p>Where objections to a bankrupt’s discharge are referred to a referee for hearing, he is entitled to a reasonable allowance for his services, in addition to the fees allowed him by the bankruptcy law.</p>