In re Nelson
District Court, S.D. New York
In the matter of Eugene Á. Nelson, bankrupt. On application for discharge.
1Opinion of the Court
HAND, District Judge.
The question is simply of the existence of an intent “to hinder, delay, or defraud creditors.” Did the bankrupt have such a specific intent ? He intended to take his property and keep it from his creditors. Is that an intent to defraud them? It is an intent to do those things which will result in their being deprived of what was their own, and to deprive them of their own by secreting it is to defraud them.
Of course, it makes no difference that he thought himself justified. In many crimes you must show 'a specific intent; but no one ever heard that, when the intent was…
2Cited by5 opinions
- Harris v. BakerCourt of Appeals for the Ninth Circuit · 1936
- In re BaconDistrict Court, W.D. New York · 1913
- In re Parnell Lumber Co.District Court, N.D. Ohio · 1951
- In re Bankruptcy, BeggsDistrict Court, N.D. Ohio · 1950
- In re LordDistrict Court, D. Maryland · 1927