In re McCann

Citations

• 179 F. 575
• 1910 U.S. Dist. LEXIS 289

Syllabus

<p>1. Bankruptcy (§ 414*) — Offenses Against Bankrupt Daw — Concealment of Assets.</p> <p>Where a bankrupt, while insolvent, conveys property to a near relative without consideration, and afterwards fails to disclose the existence of such property in his schedules, he is prima facie guilty of concealing assets from his trustee, though the conveyance may have been made more than four months before the petition was filed.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 414.*]</p> <p>2. Bankruptcy (§ 408*) — Discharge of Bankrupt — Grounds for Refusal— Concealment of Assets.</p> <p>Where a bankrupt conveys property to a near relative without consideration, and fails to disclose it in his schedules, if the innocence of the transaction is made to appear, the conveyance and subsequent omission from the schedules will interpose no obstacle to the bankrupt’s discharge.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 408.*]</p> <p>3. Bankruptcy (§ 415*) — Discharge of Bankrupt — Hearing—Question of Fact.</p> <p>On proceedings for the discharge of bankrupts, the question whether an explanation offered by them of a transfer to a near relative without consideration and of the omission of the property from the schedules is credible is a question of fact.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 415.*]</p> <p>4. Bankruptcy (§ 415*) — Discharge—Grounds foe Refusal — Concealment of Assets.</p> <p>Where the finding of a special referee rejecting the explanation given by bankrupts of a conveyance to a near relative without consideration and of the omission of the property from the schedules is supported by the evidence, the discharge of tíre bankrupts will be refused.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 415.*]</p>