Harbaugh

In petition for rehearing, counsel makes the following statement: “If the opinion in this ease is to stand, it will become an impossibility to obtain merchandise withheld by a bankrupt on a turn over order. It will prevent criminal prosecution for concealing merchandise from a trustee by a bankrupt. In practically all of the eases where such proceedings were instituted the manner of determining the wrongful withholding of the merchandise from the trustee was based upon the same procedure as was resorted to in this case. Enumeration of 'the specific articles of personal property it was the duty of the bankrupt to turn over is impossible. The force of this decision is to nullify and destroy the most effective measure for enforcing the Bankruptcy Act (11 USCA). In addition, it overrules the established procedure in effect in the Circuit Court of Appeals as well as the United States Supreme Court and is in conflict with the decisions of said courts on the same matter. It is further in conflict with applicable decisions of this court. It would produce an open wedge by judicial decision for unscrupulous and dishonest bankrupts to defraud their creditors under the protection of the…