Legal Opinion

In re Lowenstein

District Court, S.D. New York

Decided May 1, 1899PublishedCited by 3 opinions

Application by Henry Lowenstein for a discharge in bankruptcy. Report and opinion of George C. Holt, Referee: The issues on the specifications of grounds of objection to discharge having been referred to me to ascertain and report the facts, and the respective counsel for the bankrupt and the opposing creditor having duly appeared before me upon due notice, and having taken certain testimony, in addition to testimony previously taken in this proceeding, and a copy of said…

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Application by Henry Lowenstein for a discharge in bankruptcy. Report and opinion of George C. Holt, Referee: The issues on the specifications of grounds of objection to discharge having been referred to me to ascertain and report the facts, and the respective counsel for the bankrupt and the opposing creditor having duly appeared before me upon due notice, and having taken certain testimony, in addition to testimony previously taken in this proceeding, and a copy of said testimony, duly signed by said bankrupt, taken December 27, 1898, February 2 and April 10, 1899, being returned herewith,…

1Opinion of the Court

BROWN, District Judge.

The bankrupt’s examination satisfies me that lie has not: dealt honestly, and has not meant to deal honestly by his creditors; that he knew the business at Lexington avenue was his own and not his wife’s; and that his statements as to assets in his schedules were untrue, and that he knew them to be untrue. I can give no encouragement to such practices because they are small, but must consider them equally fatal in large and small cases alike. Discharge refused.

2Cited by3 opinions

  1. In re BeckerDistrict Court, N.D. New York · 1901
  2. Farmers' Savings Bank v. AntonCourt of Appeals for the Eighth Circuit · 1924
  3. Baylor v. RawlingsCourt of Appeals for the Eighth Circuit · 1912

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