Van Ingen v. Schophofen

Citations

• 129 F. 352
• 64 C.C.A. 22
• 1904 U.S. App. LEXIS 4056

Syllabus

<p>1. Bankruptcy — Discharge—Objections—Failure to Keep Books.</p> <p>A bankrupt’s discharge can be prevented under Bankr. Act July 1, 1898, c. 541, § 14b, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], for his failure to keep books of accounts or records showing his true financial condition with intent to defraud, etc., only on proof that his failure to keep such books was with a fraudulent intent to thereby conceal his financial condition, and also in contemplation of bankruptcy.</p> <p>2. Same — Evidence.</p> <p>Where a bankrupt’s discharge was sought to be prevented on the ground that he had failed to keep books showing his true financial condition, etc., but the only proof of his intent was his statement that his failure to enter certain loans was induced by fear that, if the objecting creditor knew that he got money outside, such creditor would close him up, arid that he thought that he could work along from season to season and pay his debts, such evidence did not justify a presumption that his failure to keep proper accounts was induced by contemplated bankruptcy.</p>