Legal Opinion
In the Matter of Albert M. Barbato, Bankrupt, Royal Indemnity Company, a Corporation of the State of New York (A Creditor)
Court of Appeals for the Third Circuit
Decided February 9, 1970No. 17965PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this bankruptcy matter, a bonding company creditor objected to the discharge of the bankrupt contractor. The Referee, holding that the bankrupt by his statement of December 31, 1963 had no actual intent to deceive the bonding company, allowed the discharge of the bankrupt; The District Court confirmed that decision. On appeal this court remanded the case for further proceedings to ascertain whether the bankrupt had sustained his burden of establishing that he was not recklessly indifferent to the actual facts in issuing his said statement.
In accordance with the above…
3Cases cited4 opinions
- Morimura, Arai & Co. v. TabackSupreme Court of the United States · 1929
- Burchett v. MyersCourt of Appeals for the Ninth Circuit · 1953
- Jayne Meadows Travel Agency v. Oliver Dashiell, AKA Bud DashiellCourt of Appeals for the Ninth Circuit · 1969
- In the Matter of Paul Rivas, Dba Paul Rivas Galleries, AKA Paul George Rivas, Bankrupt and v. J. Thomas JeffersonCourt of Appeals for the Ninth Circuit · 1969
4Cited by8 opinions
- In the Matter of Henry A. Kokoszka, BankruptsCourt of Appeals for the Second Circuit · 1973
- HCC Consumer Discount Co. v. Tomeo (In Re Tomeo)United States Bankruptcy Court, E.D. Pennsylvania · 1979
- Beneficial Consumer Discount Co. v. Barrett (In Re Barrett)United States Bankruptcy Court, E.D. Pennsylvania · 1980
- In the Matter of Charles Armand Jones, Bankrupt. Friendly Finance Discount Corporation v. Charles Armand Jones, No. 73-2496 Summary Calendar. Rule 18, 5 Cir., See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974
- Cement National Bank v. Colasante (In Re Colasante)District Court, E.D. Pennsylvania · 1981
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