In re Thomas

Decision Date03 April 1899
Docket Number531.
Citation92 F. 912
PartiesIn re THOMAS.
CourtU.S. District Court — Southern District of Iowa

Anna Harding, pro se.

WOOLSON District Judge.

Application having been duly made for discharge of the bankrupt, and referred to the proper referee, notice was duly given to creditors of time fixed for filing written appearance in opposition to the discharge. Within the time so fixed, one creditor (Anna Harding, of Indianola, Iowa) filed with the referee certain specification of grounds in opposition to discharge. Briefly stated, these grounds were: That in 1893 she lent to the bankrupt $100, taking his note therefor; note to mature in one year. After the debtor's repeated refusals to pay the debt, this creditor put the note into judgment, viz. in April, 2895. 'That since the execution of said note said Thomas purchased a homestead in Indianola Iowa, and, to avoid the payment of this and other debts, had the deed to said property executed to his wife. That he is now occupying said property as a home for himself and family and in the enjoyment of the luxuries of life in a home secured with funds received in part from your petitioner. ' The grounds of opposition to discharge, a part of which are quoted above, close with the expression of the creditor's belief that the bankrupt now has sufficient funds to pay her said claim against him, and that he is asking discharge for the sole purpose of avoiding payment of his honest debts, which he is abundantly able to pay.

With reference to that portion just summarized of the stated grounds, it is sufficient to say that the mere belief of the creditor cannot postpone granting the discharge. The present bankruptcy statute affords abundant opportunity for examination under oath of the bankrupt, touching every material phase of his rights and interests in property, so that the creditor is able to obtain the sworn testimony of the bankrupt in all these matters; and one ground for refusal to grant discharge is-- section 14, b(1)-- that he has committed the offense of-- section 29, b(2)-- making 'a false oath in or in relation to any proceeding in bankruptcy. ' If the facts were as claimed, as to the bankrupt having property not scheduled, and the bankrupt had so testified on his examination, the trustee should have pursued the interest of said bankrupt, and brought its proceeds into the estate. If, with the facts as claimed, the bankrupt had testified otherwise, such false oath could successfully have been used to prevent his discharge. But no ground of opposition to discharge is herein based on a false oath.

Section 14, paragraph b, makes it the duty of the judge to grant the discharge, provided the requisites as to notice, etc., have been observed, unless one of the two grounds in said paragraph stated is proven. The duty of proving that such ground...

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22 cases
  • Harrison v. Donnelly
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • February 19, 1946
    ...claim is to be determined when the discharge is pleaded or relied upon as a defense to the enforcement of such claim. In re Thomas, D.C.Iowa, 92 F. 912; In re Rhutassel, D.C. Iowa, 96 F. 597; In re Havens, 2 Cir., 272 F. 975. However, since the decision of the Supreme Court in Local Loan Co......
  • In re Tamburo, 10000.
    • United States
    • U.S. District Court — District of Maryland
    • February 25, 1949
    ...claim is to be determined when the discharge is pleaded or relied upon as a defense to the enforcement of such claim. In re Thomas, D.C.Iowa, 92 F. 912; In re Rhutassel, D.C. Iowa, 96 F. 597; In re Havens, 2 Cir., 272 F. 975. However, since the decision of the Supreme Court in Local Loan Co......
  • Poolman v. Poolman
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 26, 1961
    ...claim is to be determined when the discharge is pleaded or relied upon as a defense to the enforcement of such claim. In re Thomas, D.C.Iowa, 92 F. 912; In re Rhutassel, D.C.Iowa, 96 F. 597; In re Havens, 2 Cir., 272 F. 975. However, since the decision of the Supreme Court in Local Loan Co.......
  • Dilley v. Simmons National Bank
    • United States
    • Arkansas Supreme Court
    • May 19, 1913
    ...was not barred by the proceedings in bankruptcy. 79 N.Y. 390; 68 A.D. 179; 172 F. 109; 96 C. C. A. 314; 67 N.E. 1082; 8 Am. Bank. Rep. 501; 92 F. 912; Id. 597. 3. There is no error in the instructions. 6 L. R. A. 149, and note; 57 L. R. A. 108; 30 Ark. 334; 98 Id. 44; 99 Id. 438; 100 Id. 14......
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