Legal Opinion

In re Gailey

Court of Appeals for the Seventh Circuit

Decided January 7, 1904No. 1,004PublishedCited by 5 opinions

Petition for Revision.of Proceedings of the District Court of the United States for the Southern District of Illinois, in Bankruptcy. The bankrupt, on January 2G, 1903, filed her petition in the bankruptcy court for a discharge from her debts.

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Petition for Revision.of Proceedings of the District Court of the United States for the Southern District of Illinois, in Bankruptcy. The bankrupt, on January 2G, 1903, filed her petition in the bankruptcy court for a discharge from her debts. On the 14th of February, 1903, a creditor filed objections to the discharge to the effect that she had made a false oath and account in relation to her property, namely, that in Exhibit B to her petition, which she asserted under oath contained an inventory of all her property, both real and personal, she answered, in effect, that she had no real…

1Opinion of the CourtJenkins, Circuit Judge

(alter stating the facts as above). A voluntary bankrupt is required by Act July i, 1898, c. 541, § 7a (8) 30 Stat. 548 [U. S. Comp. St. 1901, p. 3425], to prepare, make oath to, and file with his petition “a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known, if unknown, that fact to be stated, the amounts due each of them, the consideration thereof, the security held by them, if any.” The plain purpose of the law is that one seeking the benefit of a discharge…

2Cases cited2 opinions

  1. In re BaudouineDistrict Court, S.D. New York · 1899
  2. Carpenter v. BrowningIllinois Supreme Court · 1881

3Cited by5 opinions

  1. In re BreitlingCourt of Appeals for the Seventh Circuit · 1904
  2. Remmers v. Merchants'-Laclede Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1909
  3. Poff v. Adams, Payne & Gleaves, Inc.Court of Appeals for the Fourth Circuit · 1915
  4. In re BrincatDistrict Court, S.D. Alabama · 1916
  5. Nealon v. ShuteCourt of Appeals for the Ninth Circuit · 1930

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