In re Servis

Citations

• 140 F. 222
• 1905 U.S. Dist. LEXIS 86

Syllabus

<p>1. Bankruptcy — Discharge—Sufficiency of Objections.</p> <p>A specification of objections to a bankrupt’s discharge should distinctly allege the. particular grounds relied upon to defeat the discharge, so as to advise both the bankrupt and the court of the issue to be tried, and should also allege facts showing that the party filing the specification will be affected by the discharge, and is therefore interested in defeating the same.</p> <p>[Ed. Note. — For cases in point, see vol. 6, Cent. Dig. Bankruptcy, § 714.}</p> <p>2. Same — Party in Interest.</p> <p>A specification of objections to the discharge of a bankrupt, filed by one .who has presented no claim against the estate, on the ground that the bankrupt obtained property from the objector on credit upon a materially false statement in writing made for the purpose of obtaining such credit, is wholly insufficient, where it is not verified and expressly alleges that the goods were obtained by the bankrupt upon false pretenses and by false representations, since in such case, under Bankr. Act July 1, 1898, c. 541, § 17a (2), 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], as amended by Act Feb. 5,1903, c. 487, § 5, 32 Stat. 798 [U. S. Comp. St. Supp. 1903, p. 411], the discharge would not release the bankrupt from liability therefor.</p>