Legal Opinion

In re Hodge

District Court, N.D. New York

Decided June 9, 1913PublishedCited by 9 opinions

In the matter of Herman T. Hodge, bankrupt. On opposing motions to confirm report of referee recommending denial of a discharge and to set aside such report and grant a discharge.

1Opinion of the Court

RAY, District Judge.

[1] Section 14b of the Bankruptcy Act provides that the judge shall hear the application for a discharge, etc., and discharge the bankrupt “unless he has * * * (2) with intent to conceal his financial condition, destroyed, concealed or failed to keep books of account or records from which such condition might be ascertained.” It is no longer necessary to show that the failure or destruction were “in contemplation of bankruptcy” or with a “fraudulent” intent to conceal the financial condition. Collier on Bankruptcy (9th Ed.) 349. See amendatory act of 1903, dropping these…

2Cases cited7 opinions

  1. E. H. Godshalk Co. v. SterlingCourt of Appeals for the Third Circuit · 1904
  2. In re Simon & SternbergDistrict Court, S.D. Georgia · 1907
  3. Wheeler v. Siegel, Cooper & Co.Court of Appeals for the Seventh Circuit · 1908
  4. In re KnaszakDistrict Court, W.D. New York · 1907
  5. In re MarcusDistrict Court, S.D. New York · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re SlocumCourt of Appeals for the Second Circuit · 1927
  2. Sternburg v. CohenCourt of Appeals for the First Circuit · 1918
  3. In re StaffordDistrict Court, D. Connecticut · 1915
  4. Keamy v. Hyder (In Re Hyder)United States Bankruptcy Court, D. Massachusetts · 1984
  5. In re Utica Pipe Foundry Co.District Court, N.D. New York · 1915

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API