In re Milgraum & Ost

Citations

• 129 F. 827
• 1904 U.S. Dist. LEXIS 314

Syllabus

<p>1. Bankruptcy — Discharge—Objections—Specifications—Verification by Attorney.</p> <p>Though, specifications of objection to a bankrupt’s discharge should not ordinarily be signed and verified by attorneys in fact or at law for objecting creditors, they may be so signed under exceptional circumstances.</p> <p>2. Same — Joinder of Creditors.</p> <p>Where several creditors of a bankrupt desired to urge the same objections to the bankrupt’s discharge, they were not required to sign separate specifications of objection by bankrupt order No. 32, providing that “a creditor shall enter his appearance,” etc., but were entitled to join in the same specification.</p> <p>3. Same — Affidavits—Sufficiency.</p> <p>Affidavits to specifications of objection to a bankrupt’s discharge, sworn to “to the best of affiant’s knowledge, information, and belief,” were sufficiently verified.</p> <p>4 Same — Failure to Keep Books of Account.</p> <p>A specification of objection to bankrupts’ discharge, that such bankrupts, with intent to conceal their financial condition, destroyed, concealed, or failed to keep books of account or records from which such condition might be ascertained, was not sufficiently specific.</p> <p>5. Same — Concealment of Merchandise.</p> <p>A specification of objection to bankrupts’ discharge alleging that, within four months immediately preceding the filing of the petition, the bankrupts transferred, removed, destroyed, or concealed their property, with intent to defraud their creditors, in that, about a week prior to the filing of the petition, and at other times, they concealed large quantities of merchandise in a certain house, with intent to hinder, delay, and defraud their creditors, and thereafter, on a day specified, removed and concealed other large quantities of merchandise from their place of business with like intent, was sufficient.</p> <p>H 4 See Bankruptcy, vol. 6, Cent. Dig. § 714</p>