Legal Opinion

In re Lesser

Court of Appeals for the Second Circuit

Decided June 6, 1916No. 283PublishedCited by 10 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Joseph S. Lesser. On petition to revise an order of the District Court (232 Fed. 368) sustaining an exception to specifications of objections to discharge by the International Trust Company.

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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of Joseph S. Lesser. On petition to revise an order of the District Court (232 Fed. 368) sustaining an exception to specifications of objections to discharge by the International Trust Company. “On petition by the International Trust Company, a creditor of the bankrupt, to revise an order of the District Court for the Southern District of New York which sustained an exception to the third specification of objection to granting a discharge. This…

1Opinion of the Court

COXE, Circuit Judge.

The only question involved in this review is whether the false oath which bars the bankrupt’s discharge must be made in the pending bankruptcy proceeding. The bankrupt contends for the affirmative and the petitioner for the negative of this proposition. The District Judge followed the decision in the. Blalock Case (D. C.) 118 Fed. 679, in which it was held that the making of a false oath by a bankrupt in a proceeding in bankruptcy not against himself, but against a -corporation of which he was an officer, was not a sufficient ground for refusing his discharge. The judge…

2Cases cited1 opinion

  1. In re BlalockDistrict Court, D. South Carolina · 1902

3Cited by10 opinions

  1. Raphiel v. Morris Plan Industrial Bank of New YorkCourt of Appeals for the Second Circuit · 1944
  2. In re MarcusDistrict Court, S.D. New York · 1957
  3. In re ScherDistrict Court, E.D. New York · 1937
  4. In re SugarmanDistrict Court, E.D. New York · 1933
  5. Ex parte CertoDistrict Court, W.D. New York · 1934

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