In re Arky

Second Circuit Court of Appeals

Decided Nov. 10, 1943.

Second Circuit Court of Appeals · decided 1943-11-10

2 counsel of record

Relies on In re Ernst · In re Harr · In re Weinstein

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1943-11-10

How this case has been cited

Cited by 25 later decisions (1 by the Supreme Court) — most recently January 1977 · most notably Yakus v. United States (1944), Philadelphia Coke Co. v. Bowles (1943)

2 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Gettinger & Gettinger, of New York City (Henry L. .Redner, of New York City, of counsel), for appellant.

¶2Louis P. Rosenberg, of Brooklyn, trustee-appellee.

¶3Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

¶4PER CURIAM.

¶5The bankrupt appeals from an order denying a discharge. Nearly three years before filing his voluntary petition he had obtained a loan of $504 by means of a materially false statement in writing respecting his financial condition. The loan was paid about a year before the bankruptcy petition was filed. In the case of In re Ernst, 2 Cir., 107 F.2d 760, our discussion made no distinction between the first loan, which had been paid before petition filed, and the second, which had not. See, also, In re Harr, D.C.E.D.Mo., 143 F. 421, 423; In re Weinstein, D.C.S.D.Cal., 34 F.2d 964.

¶6Order affirmed.