In re Spear

D. Vermont

In re Spear

103 F. 779, 1900 U.S. Dist. LEXIS 166

District Court, D. Vermont·Decided July 16, 1900·No. No. 116·Published

Opinion

WHEELER, District Judge.

Not failure to keep books of account or records, merely, is a bar to a discharge, hut only such failure "with fraudulent intent to conceal his true financial condition and in contemplation of bankruptcy” is made such. Bankr. Act, § 14b. FTo such intent is found or alleged’ here, or any other statutory cause. Without such, by the terms of the act, a discharge is required. So room is left for a refusal tor any other than statutory reasons, however salutary they might be claimed or thought to be. Discharges granted.

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WHEELER, District Judge.

Not failure to keep books of account or records, merely, is a bar to a discharge, hut only such failure "with fraudulent intent to conceal his true financial condition and in contemplation of bankruptcy” is made such. Bankr. Act, § 14b. FTo such intent is found or alleged’ here, or any other statutory cause. Without such, by the terms of the act, a discharge is required. So room is left for a refusal tor any other than statutory reasons, however salutary they might be claimed or thought to be. Discharges granted.

In re Spear, 103 F. 779, 1900 U.S. Dist. LEXIS 166 (D. Vt. 1900).

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