In re Miller
Court of Appeals for the Second Circuit
Appeal from the District Court of the United- States for the Eastern District of New York. This cause comes here on appeal from a decree of the District Court, Eastern District of New York, denying the application of the bankrupt for a discharge. The opinion of the District Judge will be found in 203 Fed. 170.
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] The grounds of objection to discharge are alleged concealment of property and a failure to keep books of account with intent to conceal his condition. The burden of proof is on the objecting creditors; the court must be satisfied by evidence that the objections are sustained. A discharge should not be refused, when the evidence fails to support the averments, merely because some of the proof “looks suspicious.”
Miller was adjudicated a voluntary bankrupt on May 22, 1911. The schedules are not before us, but from the opinion of the District Judge it appears that the…
2Cited by4 opinions
- In re GottliebCourt of Appeals for the Second Circuit · 1919
- In re MilneDistrict Court, D. New Jersey · 1941
- In re JablowCourt of Appeals for the Second Circuit · 1926
- Sheinberg v. HoffmanCourt of Appeals for the Third Circuit · 1916