Zervos v. Moneymaker

428 F.2d 1203 In the Matter of Simon G. Zervos, fdba, Simon G. Zervos Enterprises, Bankrupt. Simon G. ZERVOS, formerly doing business as Simon G. Zervos Enterprises, Petitioner and Appellant, v. Richard M. MONEYMAKER, Trustee, Respondent and Appellee. No. 24012. United States Court of Appeals, Ninth Circuit. July 16, 1970. Andrew F. Leoni (argued), of Slate & Leoni, Los Angeles, Cal., for petitioner and appellant. William J. Tiernan (argued), of Danielson, Johnson, Burgard & Tiernan, Los Angeles, Cal., for respondent and appellee. Before CHAMBERS, CARTER and KILKENNY, Circuit Judges. PER CURIAM: 1 Appellant filed a voluntary petition in bankruptcy. During the proceedings he was questioned concerning his knowledge of and involvement in certain financial reports prepared by Dun & Bradstreet. The trustee (appellee) filed objections to appellant's discharge on the ground that appellant had committed perjury in violation of 18 U.S.C. 152 and was thus barred from discharge because of the provisions of 11 U.S.C. 32. Although he had the right to do so, appellant did not file a response to appellee's specifications of perjured testimony. The bankruptcy referee refused to…