In re Magen

Citations

• 179 F. 572
• 1910 U.S. Dist. LEXIS 287

Syllabus

<p>1. Bankruptcy (§ 229*) — Contempt—Proceedings by Referee.</p> <p>Where bankrupts'have been guilty of contumacious behavior, the referee may certify the same to the cburt for punishment for contempt of his own motion, without notice to the bankrupts; they being given notice and an opportunity to be heard in the proceedings before the court.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 385; Dec. Dig. § 229.*] -</p> <p>2. Bankruptcy (§ 229*) — Contempt Proceedings — Power of Referee.</p> <p>While a referee in bankruptcy exercises a judicial office, he cannot himself punish the bankrupts for contempt.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 385; Dec. Dig. § 229.*]</p> <p>3. Bankruptcy (§ 229*) — Contempt Proceedings.</p> <p>Where a referee does not act oh his own motion in contempt proceedings against the bankrupt, but they are instituted by petition, the bankrupt should be accorded notice and hearing before the referee.</p> <p>[Ed. Note. — F'or other cases, see Bankruptcy, Cent. Dig. § 385; Dec. Dig. § 229.*]</p> <p>4. Bankruptcy (§ 241*) — Examination-, of Bankrupts — Contempt.</p> <p>Where bankrupts’ examination before the referee showed that their affairs had been viciously conducted, and that they had been carrying on their business fraudulently for several months before their failure, and must have known many details, concerning which they professed ignorance or lack of recollection in their examination, they would be punished for contempt.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 405; Dec. Dig. § 241.*]</p>