In re Dow's Estate

• Decision Date: 26 December 1900
• Docket Number: 835.
• Parties: In re DOW'S ESTATE.
• Court: U.S. District Court — Southern District of Iowa

105 F. 889

In re DOW'S ESTATE.

No. 835.

United States District Court, S.D. Iowa, Central Division.

December 26, 1900

Cardell, Giddings & Winegar, for bankrupt.

Harvey & Harvey, for creditors.

McPHERSON District Judge.

This is a case of voluntary bankruptcy, and the bankrupt seeks a discharge. Objections thereto were filed by several creditors. To two of these objections the bankrupt has demurred, urging thereby that no good reasons are assigned for not granting the discharge. The demurrer was by the referee sustained, which ruling is before the court for review.

Mr. Dow was adjudged a bankrupt February 7, 1900. The first creditors' meeting was February 23, 1900. At that meeting, it is alleged in the objections to a discharge, Mr Dow was duly sworn, and testified before the referee that the reason why he had not paid his creditors was 'that for nearly eight years he had had sickness in his family,-- a sick wife. He had had expenses there that made it impossible for him to meet his accounts, and that was his present condition,'-- and, further, when asked if he had put his money in the bank, testified under oath: 'No, sir; never put money in the bank. ' His salary had been used prorated as nearly as possible, for groceries, meat bill, clothing, coal, and family expenses. The creditors allege this evidence was willfully false, and so known to be by Mr. Dow when he so testified. I take it that the creditors mean to charge perjury.

I know of no question under the act of 1867, or under the law now in force, that has not been differently answered by referees and judges. And so it is with the question now under consideration. My views of the bankrupt law,-- as to some phases, at least,-- briefly stated, are as follows: If the law is in good faith complied with, the debtor is given the extraordinary privilege of being released from his debts by paying a per cent. thereof, and oftentimes by paying no sum. That is his right under laws specifically authorized by the constitution. The creditors must submit to that, with no just ground of complaint. But before receiving his discharge, the debtor, with no just ground of complaint, must submit to and do many things. He must file a correct list of his creditors giving amount due each, his address, the consideration of the indebtedness, etc. He must correctly set forth his exemptions. He must truthfully schedule all his assets. He must submit to an examination, and under oath, at the meeting of the creditors. This is controverted, but the many provisions lead me to conclude that he is examined under oath. And...