In re Garrity
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Julia F. Garrity. From an order denying discharge, the bankrupt appeals. Appeal from order denying discharge entered in the District Court for the Southern District of New York. The bankrupt is a teacher in the public schools of this city, receiving a salary of $2,G50 annually.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Julia F. Garrity. From an order denying discharge, the bankrupt appeals. Appeal from order denying discharge entered in the District Court for the Southern District of New York. The bankrupt is a teacher in the public schools of this city, receiving a salary of $2,G50 annually. She became a voluntary bankrupt on December 27, 1915, and scheduled no assets. In the preceding February she had purchased on credit a sealskin garment for $900, representing that she would soon…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). That the purpose and motive of this bankruptcy was to prevent the furriers collecting their judgment is especially clear. There were no business debts to discharge that the debtor might proceed in making a livelihood. Her teacher’s salary would continue, bankrupt or not, and she would get it, except for the 10 per cent, now reachable by execution under the law of New York. Such an execution was in fact levied the day before petition filed.
[1, 2] That the burden of proving matters preventing discharge is on the objector, and that mere inadvertence and…
2Cases cited6 opinions
- In re LeslieDistrict Court, N.D. New York · 1903
- In re McCreaCourt of Appeals for the Second Circuit · 1908
- In re DoyleDistrict Court, W.D. New York · 1912
- In re DelmourDistrict Court, S.D. New York · 1908
- In re BraunCourt of Appeals for the Second Circuit · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re SlocumCourt of Appeals for the Second Circuit · 1927
- Willoughby v. JamisonCourt of Appeals for the Eighth Circuit · 1939
- Merritt v. PetersCourt of Appeals for the Ninth Circuit · 1928
- In re PerlmutterDistrict Court, D. New Jersey · 1919
- In re GottliebCourt of Appeals for the Second Circuit · 1919
4 more not listed; retrieve them via the Exa API.