In re Scott

Citations

• 126 F. 981
• 1904 U.S. Dist. LEXIS 441

Syllabus

<p>1. Bankruptcy — Discharge—Objections.</p> <p>Where S. in September, 1902, obtained property on credit from a firm upon a materially false statement in writing made to such firm for the purpose of obtaining such property on credit, and in March, 1903, was adjudged a bankrupt on his own petition, and subsequently applied for a discharge, held, that by virtue oí the act of February 5, 1903 (32 Stat. 797, c. 487 [TJ. S. Comp. St. Supp. 1903, p. 409]), amendatory of the bankruptcy act of July 1, 1898 (30 Stat. 544, c. 541 [TJ. S. Comp. St. 1901, p. 3418]), a specification in opposition filed by the firm, which had proved its claim, setting up such obtaining of property, presented a bar to his discharge.</p> <p>2. Same.</p> <p>Section 14 of the bankruptcy act of July 1, 1898 (30 Stat. 550, c. 541 [TJ. S. Comp. St. 1901, p. 3427]), deals wholly with the subject of discharges in bankruptcy, and subdivision 3 of that section, as amended February 5, 1903 (32 Stat. 797, c. 487 [TJ. S. Comp. St. Supp. 1903, p. 411]), deals solely with a condition precedent to the discharge of a bankrupt in future cases. It does not undertake to provide for the recovery of any property, or to set aside or otherwise affect any transaction.</p> <p>8. Statutes — Construction.</p> <p>A statute is not necessarily retroactive or retrospective because its operation in a given case may be dependent upon an occurrence anterior to its passage.</p> <p>4. Bankruptcy — Discharge.</p> <p>Statutory provisions regulating the conditions on which bankrupts may be discharged are remedial in their nature with respect to the bankrupts or to their creditors, or to both, and the strict rules of construction or interpretation appropriate to retroactive or retrospective laws are inapplicable to them.</p> <p>(Syllabus by the Court.)</p>