Legal Opinion

In Re Berk

District Court, E.D. New York

Decided April 2, 1973No. 71 B 587PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

NEAHER, District Judge.

This is a petition by the bankrupt to review a referee’s determination that a personal bank loan owed by the bankrupt is not dischargeable. Discharge was denied because of petitioner’s failure to mention on the loan application the existence of a $75,000 second mortgage on his $80,000 house which he had given as security for repayment of an obligation incurred by a family corporation.

The sole issue in dispute is whether a discharge is barred because petitioner intentionally made a “false” written financial statement within the meaning of § 17(a)(2)…

2Cases cited6 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. In Re MonschDistrict Court, E.D. Kentucky · 1937
  3. In Re Beasley-Gilbert's, Inc.District Court, S.D. Ohio · 1968
  4. In re BarbiereDistrict Court, E.D. Pennsylvania · 1951
  5. In re FarrellDistrict Court, E.D. New York · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Peoples Security Finance, Inc. v. Aldrich (In Re Aldrich)United States Bankruptcy Court, W.D. Kentucky · 1982
  2. Lowell Holding Corp. v. Granovetter (In Re Granovetter)United States Bankruptcy Court, E.D. New York · 1983
  3. Investors Consumer Corp. v. Goff (In Re Goff)United States Bankruptcy Court, W.D. Kentucky · 1982
  4. Citizens Bank & Trust Co. v. Whitehouse (In Re Whitehouse)United States Bankruptcy Court, W.D. Kentucky · 1982

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