In re Eaton
District Court, N.D. New York
In Bankruptcy. On motion to confirm report of referee recommending the discharge of the bankrupt. The first and second objections to the discharge are the only ones now in controversy: The first charges that the bankrupt was tbe owner of thirty shares of the stock of the Farit Ridge Land Company, the par value being $100; that no mention of said stock was made in bis schedules and that on the 1st day of June, 1900, he, knowingly and fraudulently, made a false oath by…
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In Bankruptcy. On motion to confirm report of referee recommending the discharge of the bankrupt. The first and second objections to the discharge are the only ones now in controversy: The first charges that the bankrupt was tbe owner of thirty shares of the stock of the Farit Ridge Land Company, the par value being $100; that no mention of said stock was made in bis schedules and that on the 1st day of June, 1900, he, knowingly and fraudulently, made a false oath by verifying bis schedules with the said property omitted. The second objection charges that one Elmer L. Eaton was indebted to…
1Opinion of the CourtCoxe, District Judge
(after Stating the facts). But one question is presented, namely, did the bankrupt knowingly and fraudulently, make a false oath in verifying schedules which pmitted all reference to the Park Ridge s'tock and the indebtedness due him from Elmer L. Eaton? There can be no doubt that the verification of schedules from which valuable property has been knowingly omitted constitutes a false oath under subdivision 2, § 29b of the bankruptcy act, but the omission must have been made with fraudulent intent. In re Becker, 5 Am. Bankr. R. 438, 106 Fed. 54, and cases cited; In re Bryant, 5 Am. Bankr. R.…
2Cases cited2 opinions
- In re BeckerDistrict Court, N.D. New York · 1901
- In re BryantDistrict Court, E.D. Tennessee · 1900
3Cited by11 opinions
- Matter of Braten Apparel Corp.United States Bankruptcy Court, S.D. New York · 1982
- Allard v. Hussan (In Re Hussan)United States Bankruptcy Court, E.D. Michigan · 1985
- Villas on the Green, Inc. v. Trauger (In Re Trauger)United States Bankruptcy Court, S.D. Florida. · 1989
- In re McCreaCourt of Appeals for the Second Circuit · 1908
- In re StaffordDistrict Court, D. Connecticut · 1915
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