Averill

Averill v. Quittner

Good Law
131 F.2d 312·1942 U.S. App. LEXIS 2798
United States Court of Appeals for the Ninth CircuitOctober 28, 1942No. 10036.California389 words

Opinion

Lead Opinion

Mathews, J.

On a petition filed June 18, 1940, appellant was adjudged a voluntary bankrupt. The case was referred to a referee, a trustee was appointed and, on February 18, 1941, the trustee and Floyd C. Balding, a creditor of appellant, filed an objection to his discharge. The referee, after hearing the objection, entered an order denying the discharge. From an order affirming the referee’s order this appeal is prosecuted.

Appellant contends (1) that the objection stated no facts warranting a denial of his discharge and (2) that there was no evidence warranting such denial.

The objection stated, in substance, that in June, 1940 — a time subsequent to the first day of the twelve months immediately preceding the filing of his petition in bankruptcy — appellant had concealed certain of his property with intent to defraud his creditors. That was a sufficient ground for denying appellant’s discharge. Bankruptcy Act, § 14, sub. c, 11 U.S.C.A. § 32 , sub. c.

Upon the hearing of the objection, the objectors (the trustee and Balding) produced evidence which showed to the satisfaction of the court that there were reasonable grounds for believing that in July, 1939 — a time subsequent to the first…

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