In re Breitling
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. This is an appeal from' a decree discharging the bankrupt from his debts. A voluntary and duly verified petition in bankruptcy was filed August 8, 1902, an adjudication in bankruptcy forthwith following. The schedules attached to the petition, and which are material to be considered, exhibit as follows: Personal property, Schedule B (2). A. Cash on hand, $100. O. Stock in trade, none.
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Appeal from the District Court of the United States for the Northern District of Illinois. This is an appeal from' a decree discharging the bankrupt from his debts. A voluntary and duly verified petition in bankruptcy was filed August 8, 1902, an adjudication in bankruptcy forthwith following. The schedules attached to the petition, and which are material to be considered, exhibit as follows: Personal property, Schedule B (2). A. Cash on hand, $100. O. Stock in trade, none. D. Household goods, etc. (specifying them), $300. Schedule B (3). Debts due petitioner on open account, Harry Van Kuran,…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). A discharge from one’s debts is a privilege created by the bankruptcy act upon condition of a surrender to creditors of all the property of the bankrupt, except such as is exempted from execution by the law of his domicile. There must therefore be entire good faith upon the part of the bankrupt. He must surrender his property fully. He may not retain that which should go to his creditors. His duties are specifically set forth in section 7 of the act of July 1, 1898, c. 541, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3424]. He is not entitled to discharge if he…
2Cases cited2 opinions
- In re BaudouineDistrict Court, S.D. New York · 1899
- In re GaileyCourt of Appeals for the Seventh Circuit · 1904
3Cited by27 opinions
- In the Matter of Laurence Semel, Bankrupt. Laurence SemelCourt of Appeals for the Third Circuit · 1969
- Barnett Bank of Tampa, N.A. v. Muscatell (In Re Muscatell)United States Bankruptcy Court, M.D. Florida · 1990
- Haeske v. Arlington (In Re Arlington)United States Bankruptcy Court, N.D. Illinois · 1996
- Feynman v. RosenthalCourt of Appeals for the Second Circuit · 1935
- Merritt v. PetersCourt of Appeals for the Ninth Circuit · 1928
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