Harris v. Baker
| Decision Date | 17 December 1936 |
| Docket Number | No. 8126.,8126. |
| Citation | 86 F.2d 936 |
| Parties | HARRIS v. BAKER. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. Oscar Goldstein, of Chico, Cal., and Arthur P. Shapro, of San Francisco, Cal., for appellant.
A. D. Schaffer, Torregano & Stark, and Keyes & Erskine, all of San Francisco, Cal., for appellee.
Before MATHEWS and HANEY, Circuit Judges, and NETERER, District Judge.
To reverse denial of discharge in bankruptcy by the court upon findings of fact and recommendations by the special master, this appeal is prosecuted.
The law, so far as applicable, is section 14b (3, 4, 7), Bankruptcy Act, as amended (title 11 U.S.C.A. § 32 (b) (3, 4, 7), (b) "(3) Obtained money * * * on credit, or obtained an extension * * * of credit, by making * * * or causing to be made * * * a materially false statement in writing respecting his financial condition." "(4) * * * Transferred, removed, destroyed, or concealed or permitted to be transferred, removed, destroyed, or concealed any of his property with intent to hinder, delay, or defraud his creditors; * * * (7) has failed to explain satisfactorily any losses of assets or deficiency of assets to meet his liabilities: Provided, That if, upon the hearing of an objection to a discharge, the objector shall show to the satisfaction of the court that there are reasonable grounds for believing that the bankrupt has committed any of the acts which, under this paragraph (b), would prevent his discharge in bankruptcy, then the burden of proving that he has not committed any of such acts shall be upon the bankrupt."
Objection to discharge was under title 11 U.S.C.A. § 32 (b) (3) and (b) (4). Discharge was denied on both grounds. The special master found: (1) "That the bankrupt made a * * * gift to his wife of * * * funds not exempt and that he later obtained and paid it for authorized purposes, except the sum of $562.10, of which sum he intended to defraud and did defraud his creditors." (2) That the bankrupt obtained property on credit and extension and renewal of credit by making a reputedly false statement in writing respecting his financial condition.
The bankrupt converted a life insurance policy and received $4,588.10 which he gave to his wife, who gave it to her brother with $411 additional, which she saved from allowances given for household expenses, and after subpœna was served on the bankrupt in the bankruptcy proceeding the bankrupt received the money back from the brother-in-law and...
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Cunningham v. Elco Distributors
...in writing to obtain a loan to a corporation controlled by him, is illustrative of the principle to which we adhere. In Harris v. Baker, 86 F.2d 936, 937, the Court of Appeals for the Ninth Circuit, in affirming the denial of a discharge in bankruptcy, asserted that intent to defraud is the......
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Smiley, Matter of
...Co-Operative Ass'n v. Strunk, 671 F.2d 391, 396 (10th Cir.1982); In re Robinson, 506 F.2d 1184, 1188 (2d Cir.1974); Harris v. Baker, 86 F.2d 936, 937-38 (9th Cir.1936). All of the cited cases, except for Adeeb and Harris, are cases where the misrepresentations which led to denial of dischar......
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Adeeb, In re
...is irrelevant for purposes of denying a discharge in bankruptcy. Duggins v. Heffron, 128 F.2d 546, 549 (9th Cir.1942); Harris v. Baker, 86 F.2d 936, 937-38 (9th Cir.1936). C. Disclosure of Transfers and Recovery of Property Finally, Adeeb contends that a debtor who is able to recover improp......
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In re Leach, Bankruptcy No. 78-00032 G.
...should be applied to the payment of his debts. Kaganowitz v. Manufacturers Trust Company, 145 F.2d 754 (2d Cir. 1944); Harris v. Baker, 86 F.2d 936 (9th Cir. 1936). The case law does not specify how many creditors must be affected so the bankrupt's contention that some creditors were paid a......