In re Fitchard
District Court, N.D. New York
In Bankruptcy. On motion to confirm report of referee recommending the discharge of the bankrupt, and on exceptions to said report. A copy of the objections interposed by the creditor has not been handed to the court, and neither original nor copy is found among the papers in the possession of the clerk.
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In Bankruptcy. On motion to confirm report of referee recommending the discharge of the bankrupt, and on exceptions to said report. A copy of the objections interposed by the creditor has not been handed to the court, and neither original nor copy is found among the papers in the possession of the clerk. It may, however, be gathered from the briefs that the discharge is opposed upon two grounds: First, that the bankrupt has knowingly and fraudulently concealed certain property belonging to his (‘state; and, second, that in omitting to mention said property in his schedules and in verifying…
1Opinion of the CourtCoxe, District Judge
(after stating tlie facts). In order to succeed, the opposing creditor must prove that the bankrupt, since the adjudication, has concealed property belonging to his estate from his trustee,- and that the concealment was knowingly and fraudulently made. The burden is upon the creditor to establish these propositions by convincing proof. In re McGurn (D. C.) 2 Nat. Bankr. N. 877, 102 Fed. 743; In re Marsh, 2 Nat. Bankr. N. 649; In re Berner, Id. 268; In re May, Id. 93; In re Cornell (D. C.) 97 Fed. 31; Roberts & Co. v. Buckley, 145 N. Y. 215, 39 N. E. 966. It is unnecessary to consider…
2Cases cited8 opinions
- Buckley v. . WellsNew York Court of Appeals · 1865
- Abbey v. . DeyoNew York Court of Appeals · 1871
- Ellis H. Roberts & Co. v. BuckleyNew York Court of Appeals · 1895
- In re QuackenbushDistrict Court, N.D. New York · 1900
- In re McGurnDistrict Court, D. Nevada · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re DauchyDistrict Court, N.D. New York · 1903
- In re CornDistrict Court, N.D. Georgia · 1901
- In re GoodaleDistrict Court, N.D. New York · 1901
- In re HamiltonDistrict Court, W.D. New York · 1904
- In re WagnerDistrict Court, D. Nevada · 1905
5 more not listed; retrieve them via the Exa API.