Legal Opinion

In re Stookey

District Court, W.D. New York

Decided August 19, 1932No. 14047PublishedCited by 4 opinions

1Opinion of the Court

KNIGHT, District Judge.

Bankrupt has filed petition for discharge, to which objections were filed by Raymond Richardson, a creditor. The referee being disqualified to hear the argument, the question comes directly to this court for decision. The creditor having failed to appear on the argument, it must be assumed that he rests his ease on the specifications filed.

The burden of proof in such a ease rests on the objector. He must establish conduct on the part of the debtor such as will bar a discharge. Farmer’s Savings Bank of Grimes, Iowa, v. Allen (C. C. A.) 41 F.(2d) 208; Bank of Monroe of…

2Cases cited2 opinions

  1. FARMERS'SAV. BANK OF GRIMES, IOWA v. AllenCourt of Appeals for the Eighth Circuit · 1930
  2. Bank of Monroe, of Monroe, Neb. v. GleesonCourt of Appeals for the Eighth Circuit · 1925

3Cited by4 opinions

  1. 16 Collier bankr.cas.2d 1330, Bankr. L. Rep. P 71,867 in Re Alexander Joseph Olivier and Ethelyn Alleman Olivier, Debtors. John C. Thibodeaux v. Alexander Joseph Olivier and Ethelyn Alleman OlivierCourt of Appeals for the Fifth Circuit · 1987
  2. Hyman v. HelveringCourt of Appeals for the D.C. Circuit · 1934
  3. Thibodeaux v. OlivierCourt of Appeals for the Fifth Circuit · 1987
  4. 8400 N.W. Expressway, LLC v. Morgan (In re Morgan)United States Bankruptcy Court, N.D. Texas · 2007

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