In re Hammerstein
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Malvina Hammerstein, bankrupt. From an order denying a discharge, the bankrupt appeals. Malvina Hammerstein filed a voluntary petition in bankruptcy October 24, 1901, and was adjudged a bankrupt the next day, October 25, 1901. On January 22, 1902, she filed a petition praying that a discharge in bankruptcy be granted her.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of Malvina Hammerstein, bankrupt. From an order denying a discharge, the bankrupt appeals. Malvina Hammerstein filed a voluntary petition in bankruptcy October 24, 1901, and was adjudged a bankrupt the next day, October 25, 1901. On January 22, 1902, she filed a petition praying that a discharge in bankruptcy be granted her. By ail order made January 23, 1902, a hearing on said petition was fixed for February 3, 1902. Specifications of objection to a discharge were filed by two of her…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts as above). [1] No one appears for the opposing creditors upon this appeal, from which it may be inferred either that they have become convinced that the discharge should be granted or that they have now no interest in opposing it. The creditors’ withdrawal "from the case should have no weight if the court be clearly convinced that the bankrupt has committed the alleged frauds. If, however, there be doubt as to her guilt, the fact that those most interested have ceased to oppose the discharge may properly be considered. A discharge is granted to an honest *38bankrupt in…
2Cases cited2 opinions
- In re DauchyCourt of Appeals for the Second Circuit · 1904
- In re DauchyDistrict Court, N.D. New York · 1903
3Cited by18 opinions
- Sacklow v. VecchioneDistrict Court, E.D. New York · 1976
- Wisconsin Finance Corp. v. Ries (In Re Ries)United States Bankruptcy Court, W.D. Wisconsin · 1982
- Ohio Citizens Trust Co. v. Smith (In Re Smith)United States Bankruptcy Court, N.D. Ohio · 1981
- In re LevyCourt of Appeals for the Third Circuit · 1942
- Lindauer v. Traxler (In Re Traxler)United States Bankruptcy Court, E.D. Texas · 2002
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