Elliott v. Herrera

401 F.2d 174 Peter M. ELLIOTT, as Trustee in Bankruptcy for the Estate of Henry H. Herrera, dba U. S. Eagle Fertilizer Co. and Gardenland Nursery, Bankrupt, Appellant, v. Henry H. HERRERA, dba U. S. Eagle Fertilizer Co. and Gardenland Nursery, Bankrupt, Appellee. No. 21306. United States Court of Appeals Ninth Circuit. September 12, 1968. Robert A. Fisher (argued), of Craig, Weller & Laugharn, Los Angeles, Cal., for appellant. Glushon & Laufer, Van Nuys, Cal., for appellee. Before KOELSCH and BROWNING, Circuit Judges, and POWELL, District Judge. * KOELSCH, Circuit Judge. 1 Henry H. Herrera was adjudicated a bankrupt on an involuntary petition filed March 20, 1964. In due course he was granted, over the trustee's objection, a discharge in bankruptcy. The district court affirmed the order and the trustee has appealed. 2 Of the several grounds of objection asserted below, those urged in this court are that the bankrupt, within twelve months next preceding the filing of the petition in bankruptcy, transferred and concealed assets with intent to hinder, delay and defraud creditors [11 U.S.C. 32(c) (4)]; that he failed to keep books of account and records [11 U.S.C. 32(c) (2)];…