Legal Opinion

Karger v. Sandler

Court of Appeals for the Second Circuit

Decided December 5, 1932No. 86PublishedCited by 37 opinions

1Per curiam

The judge denied the bankrupt his discharge because he had failed to keep books from whieh his financial condition could he ascertained, and had destroyed papers whieh would have helped disclose it. Section 14b (2), Bankr. Act, 11 USCA § 32 (b) (2). The case has been treated as though the statute required proof of an intent to conceal the bankrupt’s position from his creditors, ignoring the amendment of 1926. That is no longer necessary; it is enough that his! failure, or the destruction, was not “justified under all the circumstances,” a vague phrase, admitting much latitude of construction.…

2Cases cited2 opinions

  1. Nix v. SternbergCourt of Appeals for the Eighth Circuit · 1930
  2. In Re RussellDistrict Court, D. New Hampshire · 1931

3Cited by37 opinions

  1. In Re UnderhillCourt of Appeals for the Second Circuit · 1936
  2. White v. SchoenfeldCourt of Appeals for the Second Circuit · 1941
  3. Hedges v. BushnellCourt of Appeals for the Tenth Circuit · 1939
  4. Koufman v. SheinwaldCourt of Appeals for the First Circuit · 1936
  5. Scarsdale National Bank & Trust Co. v. Switzer (In Re Switzer)United States Bankruptcy Court, S.D. New York · 1986

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