Peter Cottrell Scott v. Norma Smith

This is an appeal by the bankrupt from an order of the District Court confirming an order of the Referee denying the bankrupt a discharge. Bankruptcy Act, §§ 2, sub. a(10), 24, 11 U.S.C.A. §§ 11 , sub. a(10), 47.

Following adjudication of appellant as a bankrupt upon his voluntary petition, appellee in due course filed objections to the bankrupt’s discharge pursuant to § 14, sub. b, of the Bankruptcy Act, 11 U.S.C.A. § 32 , sub. b, upon three grounds:

(1) That appellant had made certain transfers to his wife within “the twelve months immediately preceding the filing of the petition in bankruptcy * * * with intent to hinder, delay, or defraud his creditors”, Bankruptcy Act, § 14, sub. c(4), 11 U.S.C.A. § 32 , sub. c(4);

(2) That appellant had, some years prior to bankruptcy, obtained $5,000 from appellee by “publishing or causing to be made or published in any manner whatsoever, a materially false statement in writing respecting his financial condition”, Id. § 14, sub. c(3); and

(3) That appellant has “failed to explain satisfactorily” a certain loss. Id. § 14, sub. c(7).

The claimed facts giving rise to each of the three grounds of objection were alleged, but it will serve no…