Legal Opinion · Dissent
In Re Lois Adlman, Bankrupt. Bank of Pennsylvania v. Lois Adlman
Court of Appeals for the Second Circuit
Decided September 14, 1976No. 936, Docket 76-5003Published
1DissentMoore, Circuit Judge
The only issue on this appeal is whether Mrs. Adlman (“bankrupt”) converted nonexempt property into exempt property with intent to “hinder, delay or defraud” her creditors under 11 U.S.C. § 32(c). Whether or not the bankrupt did act with such actual intent is a purely factual question, properly resolved by the trier of facts — -here, the bankruptcy judge — and not subject to reversal on appeal unless clearly erroneous.1
Once the evidence established some reasonable ground to believe that the bankrupt acted with intent to defraud creditors in violation of § 32(c) (and I believe that the…
2Cases cited5 opinions
- In Re FreudmannDistrict Court, S.D. New York · 1973
- In the Matter of Marcel Freudmann, Bankrupt-Appellant. In Re Joseph Blankstein, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1974
- Glen McDowell v. John Deere Industrial Equipment Co. And John Deere Company of Lansing, Inc.Court of Appeals for the Sixth Circuit · 1972
- In the Matter of Mimshell Fabrics, Ltd., Bankrupt. New York Credit Men's Adjustment Bureau, Inc., Trustee v. C.I.T. CorporationCourt of Appeals for the Second Circuit · 1974
- In Re OsbornDistrict Court, N.D. New York · 1975