In re Biro, 74.
| Decision Date | 06 November 1939 |
| Docket Number | No. 74.,74. |
| Citation | 107 F.2d 386 |
| Parties | In re BIRO. |
| Court | U.S. Court of Appeals — Second Circuit |
Samuel O. Kuflik, of New York City, for bankrupt-appellant.
T. John McKee, of New York City (Archibald Palmer, of New York City, of counsel), for creditor-appellee.
Before SWAN, CHASE, and PATTERSON, Circuit Judges.
A creditor filed specifications of objection to the bankrupt's discharge to which exceptions were taken by the bankrupt that were in part sustained with leave to amend. There was no appeal from that order but instead the objecting creditor amended the specifications. The bankrupt thereupon excepted to the amended specifications. His exception to the first specification was sustained and the creditor did not appeal. His exception to the remaining specifications, numbered, second, third and fourth, were all overruled and the bankrupt has appealed.
The contention that the amended specifications were bad because verified only by the creditor's attorney upon information and belief cannot be sustained. Brooks v. Collins et al., 5 Cir., 29 F.2d 732; In re Perelstine, D.C., 15 F.2d 64. See also, New General Order No. 38, 11 U.S.C.A. following section 53.
The second amended specification alleges "that the said bankrupt has destroyed, concealed or failed to keep books of accounts or records from which his financial condition and/or business transactions with respect to the sum of One Hundred Thousand ($100,000) Dollars, received from said Henriette Bethell, might be ascertained or discovered."
This specification is certainly good in the part alleging a failure of the bankrupt to keep books of account from which his financial condition could be ascertained. In re Feuer, 2 Cir., 4 F.2d 892. As to destruction or concealment it is not enough to rely upon the words of the statute, 11 U.S.C.A. § 32, sub. c, but there should be a statement sufficiently explicit to enable the bankrupt to know what it is claimed that he has destroyed or concealed. In re Feuer, supra. This specification, however, does satisfy that requirement in that it is confined to books of account with respect to a definite sum of money received from the objecting creditor.
The third specification alleged the making of a false oath as to which the original specifications contained nothing and so was not a permissible amendment. Northeastern Real Estate S. Corp. v. Goldstein, 2 Cir., 91 F.2d 942.
The fourth specification alleged that the bankrupt had "committed an...
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Burchett v. Myers
...adequate books or records is sufficient if averred in the general language of the statute. In re Feuer, 2 Cir., 4 F.2d 892, 893; In re Biro, 2 Cir., 107 F.2d 386; 1 Collier on Bankruptcy 1276 (14th Ed. 1940). Neither can we accept appellant's argument that the specifications were defective ......
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In re Manasse, 7743.
...to us that evidence of any device by which true financial condition is concealed may be used to support the charge as made. Cf. In re Biro, 2 Cir., 107 F.2d 386. Order ...
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In re Black & White Cab Co.
...where the specifications aver that the bankrupt has "failed to keep or preserve books of account or records." In the case of In re Biro, 2 Cir., 107 F.2d 386, 387, the court not only sustained the right to amend after the return day, but said with respect to the failure to keep books: "This......