In the Matter of James P. Butler, Bankrupt. James P. Butler, Bankrupt

I dissent.

In my judgment the approach here taken by the majority that the matter must be remanded to. the referee for a further hearing “to determine whether the bankrupt knowingly made or published or caused to be made or published the false financial statements with reckless indifference to the facts” is. presently and entirely unnecessary to the matter here posed for decision. This court should decide now, whether or not the Bankrupt was an executive of a corporation, as set forth in § 14(c) (3) of the Bankruptcy Act, which was added to the section by the July 12, I9601 amendment, 74 Stat.…