Arenz v. Astoria Sav. Bank
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. In the matter of Theodore Arenz, bankrupt. From an order denying a discharge of the bankrupt, the bankrupt appeals, opposed by the Astoria Savings Bank, a corporation. This is an appeal from an order denying a discharge to the bankrupt.
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Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. In the matter of Theodore Arenz, bankrupt. From an order denying a discharge of the bankrupt, the bankrupt appeals, opposed by the Astoria Savings Bank, a corporation. This is an appeal from an order denying a discharge to the bankrupt. Theodore Arenz, bankrupt, appellant herein, petitioned the District Court for an order of discharge, alleging that he was entitled thereto by reason of having been adjudged a bankrupt, and having surrendered all property and rights of property, and complied…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1, 2] Under the well-recognized rule, whether there was a fraudulent intent on the part of the bankrupt to dispose of his property in such a way as to keep it beyond the reach of his creditors was largely a question of fact. Dean v. Davis, 242 U. S. 438, 37 Sup. Ct. 130, 61 L. Ed. 419; Pirvitz v. Pithan, 194 Fed. 403, 114 C. C. A. 365. A reading of the record satisfies us that the master and the District Court were justified in concluding that at-the time of the sale of the stock Arenz intended to file a petition in bankruptcy-, and that his purpose in…
2Cases cited5 opinions
- Dean v. DavisSupreme Court of the United States · 1917
- In re BreitlingCourt of Appeals for the Seventh Circuit · 1904
- Remmers v. Merchants'-Laclede Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1909
- Poff v. Adams, Payne & Gleaves, Inc.Court of Appeals for the Fourth Circuit · 1915
- Pirvitz v. PithanCourt of Appeals for the Eighth Circuit · 1912
3Cited by8 opinions
- Feynman v. RosenthalCourt of Appeals for the Second Circuit · 1935
- Houchin Sales Co. v. AngertCourt of Appeals for the Eighth Circuit · 1926
- Security Building & Loan Ass'n v. SpurlockCourt of Appeals for the Ninth Circuit · 1933
- Imperial Millwork, Inc. v. Steinberg (In Re Steinberg)United States Bankruptcy Court, D. Massachusetts · 1980
- Withers Bros. v. FoleyCourt of Appeals for the Ninth Circuit · 1925
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