In re Silberstein

Citations

• 225 F. 665

Syllabus

<p>1. Bankruptcy @=381 — Composition — Confirmation — Failure to Keep Books.</p> <p>Confirmation of a composition will not be denied, on the ground that the bankrupt failed to keep proper books, unless an intent to conceal his condition is shown.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 590-592; Dec. Dig. @=384.]</p> <p>2. Bankruptcy @=384—Composition—Coneirmation—Keeping Books.</p> <p>A bankrupt, who did a cash business, kept a merchandise ledger, showing his accounts with all those from whom he purchased on credit. His check book and bank book were practically the only other books kept, and he kept no record of personal loans from friends or connections. Held that, as the bankrupt could have determined his condition from the record of his indebtedness and stock and cash on hand, confirmation of a composition offered will not be denied on the ground that he failed to keep books with the intent to conceal his condition.</p> <p>[J5<1. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 590-592; Dec. Dig. @=381.]</p> <p>3. Bankruptcy @=384—Composition—Confirmation—Transfers in Fraud of Creditors.</p> <p>Where a father made payments to his wife and to his daughter for her marriage trousseau, and it appeared that some of the payments at least were made after he knew of his bankruptcy, but it was not shown whether the daughter was not at that tifne an infant, or that the father did not suppose that he was bound to make provision for her, such payments, being reasonable, will not be held in fraud of creditors, and hence an offered composition will not be denied, on the ground that the bankrupt had made transfers in fraud of creditors.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 590-592; Doc. Dig. @=384.]</p> <p>1. Bankruptcy @=384—Composition—Right to.</p> <p>Where there is no ground Cor suspicion of collusion, the will of the majority of the creditors governs, and a composition desired by them will be confirmed.</p> <p>[Ed. N