In re Hennebry

Citations

• 207 F. 882
• 1913 U.S. Dist. LEXIS 1364

Syllabus

<p>1. Bankruptcy (§ 408*)—Discharge—Objections—Grounds—Transfer in Fraud of Creditors.</p> <p>Banlcr. Act July 1, 1S9S, c. 541, § 7 (8), 30 Stat. 548 (ü. S. Comp. St. 1901, p. 3425), requires the bankrupt to schedule only such property as he owns, or in which he has some interest, at the time of making the schedule; and section 70a (4) vests in the trustee the property of the bankrupt conveyed or transferred by him prior to bankruptcy in fraud of creditors. Reid, that a bankrupt’s failure to schedule property alleged to have been transferred by him in fraud of creditors more than four months prior to the filing of the petition did not constitute such a concealment of the property as would bar discharge.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 732-736, 759, 762, 763; Dec. Dig. § 408.*]</p> <p>2. Bankruptcy (§ 408*)—Discharge—Objections—Grounds—False Oath.</p> <p>Verification of a bankrupt’s schedules, from which property transferred more than four months before the filing of the petition is omitted, does not constitute the making of a false oath within the meaning of Bankr. Act July 1, 1898, c. 541, § 29, 30 Stat. 554 (U. S. Comp. St. 1901, p. 3433), for which the bankrupt may be denied a discharge.</p> <p>[Ed. Note.-—For other cases, see Bankruptcy, Cent. Dig. §§ 732-736, 759, 762, 763; Dec. Dig. § 408.*]</p> <p>3. Bankruptcy (§ 408*)—Discharge—Objections—Transfer of Property— Concealment.</p> <p>Where a bankrupt, having transferred certain property to his wife more than four months prior to filing his petition in bankruptcy, fully disclosed such transfer on his examination at the first meeting of creditors, and made no attempt to evade any question with respect thereto, or to conceal from his creditors or the trustee any of the property alleged to have been so transferred, the fact that he did not list the property in his schedules did not constitute a continuing concealment thereof from his trustee, constituting an offense punishable by im