In re Goldman

• Decision Date: 06 March 1941
• Docket Number: No. B36325.,B36325.
• Citation: In re Goldman, 37 F.Supp. 761 (E.D. N.Y. 1941)
• Parties: In re GOLDMAN.
• Court: U.S. District Court — Eastern District of New York

37 F. Supp. 761

In re GOLDMAN.

No. B36325.

District Court, E. D. New York.

March 6, 1941.

A. James Jacobs, of New York City, for bankrupt.

Samuel Gursky, of New York City, for trustee and objecting creditor.

Edward C. McDonald, of Brooklyn, N. Y., referee in bankruptcy.

GALSTON, District Judge.

The referee sustained specifications of objections to the bankrupt's discharge which alleged failure to keep books and records from which his financial condition could be ascertained and failure to account for a discrepancy between assets and liabilities.

The bankrupt was engaged as a clothing operator on men's clothes, working on a machine.He was never in business for himself.He was paid on the basis of piecework and received his wages weekly.He never kept any records except a tally each week of what he was entitled to receive on the basis of his piecework.

In the facts stated I cannot see that this bankrupt needed to keep books.Monies that he lent to members of his family certainly did not require him to keep books, and the nature of his employment as a pieceworker likewise created no such necessity.The matter of the loans for isolated transactions was most obviously not of a business nature but for personal accommodation.He did not need the assistance of books to know what his assets and liabilities were.Southern Rock Island Plow Co. et al. v. Florence, 5 Cir., 29 F.2d 397;In re Earl, 8 Cir., 45 F.2d 492;In re Pinko, 7 Cir., ...