Legal Opinion

Morris Plan Bank of Richmond v. Henderson

District Court, M.D. North Carolina

Decided March 29, 1932No. 524PublishedCited by 6 opinions

1Opinion of the Court

HAYES, District Judge.

The Bankruptcy Act (section 14) in regard to discharges, section 32, title 11, USOA, makes it the duty of the court to discharge the bankrupt, unless he has committed one or more of the specified acts which bar- tbe discharge.

l'n this ease one of the creditor's has filed specifications objecting- to the discharge, for that he obtained money or property on credit by making a materially false statement in writing respecting his financial condition.

This circuit has adopted the rule that the Bankruptcy Act must be construed strictly against objector and liberally in favor of…

2Cases cited3 opinions

  1. Royal Indemnity Co. v. CooperCourt of Appeals for the Fourth Circuit · 1928
  2. In re KernerCourt of Appeals for the Second Circuit · 1918
  3. International Shoe Co. v. KahnCourt of Appeals for the Fourth Circuit · 1927

3Cited by6 opinions

  1. Mueller v. Elba Oil Co.California Supreme Court · 1942
  2. Baash-Ross Tool Co. v. StephensCourt of Appeals for the Ninth Circuit · 1934
  3. In re PinkstonDistrict Court, N.D. Texas · 1950
  4. In re StraussDistrict Court, E.D. New York · 1933
  5. In re SugarmanDistrict Court, E.D. New York · 1933

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