In re Maher
District Court, D. Massachusetts
In Bankruptcy. On specifications of objection to discharge. The following is the report of Referee Olmstead: These were specifications of objection to the discharge of the debtors, and raised the question whether a preference constitutes a bar to a discharge. The first specification, relating to failure to keep books of account, was expressly waived by the objecting creditor, and reliance was had upon 'the second and third specifications only.
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In Bankruptcy. On specifications of objection to discharge. The following is the report of Referee Olmstead: These were specifications of objection to the discharge of the debtors, and raised the question whether a preference constitutes a bar to a discharge. The first specification, relating to failure to keep books of account, was expressly waived by the objecting creditor, and reliance was had upon 'the second and third specifications only. The facts I find to be as follows: The copartnership of Maher Bros., consisting of Thomas F. Maher and Richard D. Maher, started in business in the…
1Opinion of the Court
DODGE, District Judge.
The referee has reported that the specifications of objection which were relied on before him are not sustained. Those specifications were that within four months before the filing of their petition the bankrupts had transferred property or had made money payments to certain persons with intent to hinder, delay, or defraud their creditors.
The evidence in the case establishes, at most, that within the four mouths referred to and while insolvent the bankrupts transferred property at various times to one of their creditors with intent to prefer that creditor over their…
2Cases cited2 opinions
- Githens v. ShifflerDistrict Court, M.D. Pennsylvania · 1902
- In re LockeDistrict Court, D. Massachusetts · 1868
3Cited by22 opinions
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2011
- In Re RichterCourt of Appeals for the Second Circuit · 1932
- Van Iderstine v. National Discount Co.Court of Appeals for the Second Circuit · 1909
- Rutter v. General Motors Acceptance CorporationCourt of Appeals for the Tenth Circuit · 1934
- Surratt v. EskridgeSupreme Court of Virginia · 1921
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