In re Soloway & Katz

Citations

• 195 F. 100
• 1912 U.S. Dist. LEXIS 1622

Syllabus

<p>1. Bankruptcy (§ 238*)—Compelling Production of Books by Bankrupt-Petition—Hearing.</p> <p>An order by a referee in bankruptcy to compel a bankrupt to produce missing books of account, made on a petition of tbe trustee not as a mere incident of tbe bankrupts’ examination at a statutory meeting of creditors and in face of tbe bankrupts’ denial of power to produce, is void when made without a hearing on tbe petition.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 406; Dec. Dig. § 238.*]</p> <p>2. Bankruptcy (§ 238*) —Petition fob Production of Missing Books— Verification.</p> <p>Tbe lack of verification of a petition by a trustee in bankruptcy for an order to compel tbe production by the bankrupt of missing books of account is not fatal.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 406; Dec. Dig. § 238.*]</p> <p>8. Bankruptcy (§ 229*)—Order for Production by Bankrupt of Missing Books of Account—Punishment for Refusal to Obey.</p> <p>A lawful order by a referee in bankruptcy to compel a bankrupt to produce missing books of account is a condition precedent to action by the court for punishment for refusal to obey.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 385; Dec, Dig. § 229.*]</p>