Moriyama

Moriyama v. Allen

Good Law
13 F.2d 117·1926 U.S. App. LEXIS 3515
United States Court of Appeals for the Ninth CircuitMay 24, 1926No. 4790California647 words

Opinion

Lead Opinion

Rudkin, J.

This is a writ of error to review a judgment denying a discharge in bankruptcy. Section 25 of the Bankruptcy Act (Comp. St. § 9609) provides that appeals, as in equity eases, may be taken in bankruptcy proceedings from the courts of bankruptcy to the Circuit Court of Appeals of the United States, from a judgment granting or denying a discharge, and the remedy was therefore by appeal, and not by writ of error. The error is not jurisdictional, however, in view of section 10 of the Act of February 13, 1925 ( 43 Stat. 941 [Comp. St. Supp. 1925, § 1649b]). We simply refer to it as' one of the many irregularities to be found in the present record.

Section 14 of the Bankruptcy Act (Comp. St. § 9598) provides that the bankrupt shall be discharged unless he has (1) committed an offense punishable by imprisonment as herein provided; or (2) with intent to conceal his financial condition destroyed, concealed, or failed to keep books of account or records from which such condition might be ascertained; or (3) obtained money or property on credit upon a materially false statement in writing, made by him to any person or his representative for the purpose of obtaining credit from such person;…

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