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103 F. 779

Docket No. 116.

In re Spear

Vermont District Court

Decided July 16, 1900.)

Vermont District Court · decided 1900-07-16

<p>Bankruptcy — Discharge—Failure to Keep Boors.</p> <p>Unless the failure of a bankrupt to keep books of account or records is found to have been “with fraudulent Intent 1o conceal his true financial condition and in contemplation of bankruptcy,” it cannot be made the ground for refusing him a discharge under Bankr. Act 1898, § 14b.</p>

Cited by 5 later decisions — most recently February 1912

2 federal appellate · 3 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1900-07-16

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¶1Bankruptcy — Discharge—Failure to Keep Boors.

¶2Unless the failure of a bankrupt to keep books of account or records is found to have been “with fraudulent Intent 1o conceal his true financial condition and in contemplation of bankruptcy,” it cannot be made the ground for refusing him a discharge under Bankr. Act 1898, § 14b.

¶3In Bankruptcy. On application of bankrupts for discharge.

¶4William Batchelder, for bankrupts.

¶5Warren O. French, for opposing creditors.

¶6WHEELER, District Judge.

¶7Not failure to keep books of account or records, merely, is a bar to a discharge, hut only such failure "with fraudulent intent to conceal his true financial condition and in contemplation of bankruptcy” is made such. Bankr. Act, § 14b. FTo such intent is found or alleged’ here, or any other statutory cause. Without such, by the terms of the act, a discharge is required. So room is left for a refusal tor any other than statutory reasons, however salutary they might be claimed or thought to be. Discharges granted.

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