Schweer v. Brown

Citations

• 130 F. 328
• 64 C.C.A. 574
• 1904 U.S. App. LEXIS 4164

Syllabus

<p>1. Bankruptcy — Commitment of Bankrupt for Refusal to Surrender Property — Imprisonment for Debt.</p> <p>The obligation of a bankrupt to surrender to his trustee property in his possession belonging to his estate is not an obligation to pay a debt, the title to such property being in the trustee; nor can he, by refusing to comply with an order of court requiring him to make such surrender, convert himself into a debtor, so as to render his commitment therefor an imprisonment for debt.</p> <p>2. Same.</p> <p>The mere denial by a bankrupt, under oath, of the possession of assets belonging to his estate, is not conclusive, and does not preclude the court from enforcing its order requiring him to surrender such property to his trustee by imprisonment for contempt, where it finds, on sufficient evidence, that it is in his possession or under his control.</p> <p>S. Same — Sufficiency of Evidence.</p> <p>Evidence considered, and held to support a finding that a bankrupt had in his possession or under his control assets belonging to his estate, and an order requiring him to surrender the same to his trustee under penalty of punishment for contempt.</p>