In re Spear

D. Vermont

In re Spear

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

CourtDistrict Court, D. Vermont

DecidedJuly 16, 1900

DocketNo. 116

StatusPublished

This text of 103 F. 779 (In re Spear) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

103 F. 779, 1900 U.S. Dist. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-spear-vtd-1900.