Matter of Carl Roth, Bankrupt-Appellant v. Alfred W. Rosenberg, Trustee-Appellee

Second Circuit

Matter of Carl Roth, Bankrupt-Appellant v. Alfred W. Rosenberg, Trustee-Appellee

266 F.2d 559, 1959 U.S. App. LEXIS 4849

CourtCourt of Appeals for the Second Circuit

DecidedMay 7, 1959

Docket25415_1

StatusPublished

This text of 266 F.2d 559 (Matter of Carl Roth, Bankrupt-Appellant v. Alfred W. Rosenberg, Trustee-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matter of Carl Roth, Bankrupt-Appellant v. Alfred W. Rosenberg, Trustee-Appellee, 266 F.2d 559, 1959 U.S. App. LEXIS 4849 (2d Cir. 1959).

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Opinion

PER CURIAM.

We affirm Judge Byers’ order of July 24, 1958, which refused to review Referee Duberstein’s order of June 6, 1958, denying Carl Roth a discharge in bankruptcy because Roth “knowingly and fraudulently made false oaths in relation to this bankruptcy proceeding” of Roth and his wife, individually and as co-partners. It is conceded that Roth gave false answers (1) as to the repayment of loans as he neglected to state a repayment to the Chase Bank of $800 on March 11, 1957; and (2) in swearing that he had not transferred or disposed of any property other than in the ordinary course of business. In fact fifteen days before swearing to these statements Roth sold his Ford car for $1,300 and repaid the Chase Bank $800. Roth failed to account for the remaining $500.

Thus under 11 U.S.C.A. § 32 sub. c(l) he was not entitled to a discharge because he had “committed an offense punishable by imprisonment as provided under § 152 of Title 18,” which section includes knowingly and fraudulently making a false oath in relation to a bankruptcy proceeding. The record amply supports the findings and conclusions of the Referee and the order of the court.

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PER CURIAM.

We affirm Judge Byers’ order of July 24, 1958, which refused to review Referee Duberstein’s order of June 6, 1958, denying Carl Roth a discharge in bankruptcy because Roth “knowingly and fraudulently made false oaths in relation to this bankruptcy proceeding” of Roth and his wife, individually and as co-partners. It is conceded that Roth gave false answers (1) as to the repayment of loans as he neglected to state a repayment to the Chase Bank of $800 on March 11, 1957; and (2) in swearing that he had not transferred or disposed of any property other than in the ordinary course of business. In fact fifteen days before swearing to these statements Roth sold his Ford car for $1,300 and repaid the Chase Bank $800. Roth failed to account for the remaining $500.

Thus under 11 U.S.C.A. § 32 sub. c(l) he was not entitled to a discharge because he had “committed an offense punishable by imprisonment as provided under § 152 of Title 18,” which section includes knowingly and fraudulently making a false oath in relation to a bankruptcy proceeding. The record amply supports the findings and conclusions of the Referee and the order of the court.

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266 F.2d 559, 1959 U.S. App. LEXIS 4849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-carl-roth-bankrupt-appellant-v-alfred-w-rosenberg-ca2-1959.

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