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174 F. 208

Docket No. 3,449.

In re Singer

Pennsylvania Eastern District Court

Decided November 27, 1909.)

Pennsylvania Eastern District Court · decided 1909-11-27

<p>Bankruptcy (§ 241*)— Examination or Bankrupt — Refusal to Answer Questions — Punishment for Contempt.</p> <p>Whore a bankrupt, on his examination before a referee, persistently malíes false or evasive answers, although it is evident that he must be able to reply fully and -correctly, the court is justified in punishing him for contempt.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dee. Dig. § 241.*]</p>

Cited by 4 later decisions — most recently July 1929

3 district · 1 state decisions

2 counsel of record

Relies on In re Gitkin · In re Fellerman · In re Schulman

Good law ✅— No negative treatment on recordhow we know

Motion sustained · Decided 1909-11-27

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¶1Bankruptcy (§ 241*)— Examination or Bankrupt — Refusal to Answer Questions — Punishment for Contempt.

¶2Whore a bankrupt, on his examination before a referee, persistently malíes false or evasive answers, although it is evident that he must be able to reply fully and -correctly, the court is justified in punishing him for contempt.

¶3[Ed. Note. — For other cases, see Bankruptcy, Dee. Dig. § 241.*]

¶4In the matter of Louis Singer, bankrupt. On motion to punish for contempt.

¶5Motion sustained.

¶6J. Howard Reber, for creditors.

¶7Louis Goodfriend and Emanuel Eurth, for bankrupt.

¶9J. B. McPHERSON, District Judge.

¶10In Re Gitkin (D. C.) 21 Am. Bankr. Rep. 113, 164 Fed. 71, Judge Holland lias made a careful examination of the questions presented -when a bankrupt, who is under examination before a referee, persistently makes false or evasive answers, although it is evident that he must be able to reply fully and correctly, and has held that such conduct justifies the court in punishing the bankrupt-for contempt. See, also, a similar ruling by Judge Hough in Re Fellerman (D. C.) 149 Fed. 244, and by Judge Holt in Re Schulman (D. C.) 21 Am. Bankr. Rep. 288, 167 Fed. 237.

¶11In the .case’ now before the court the same situation appears. The bankrupt persistently evaded making direct answers to questions concerning a subject — the recent sale of a house — about which he could not have been ignorant, and it was therefore necessary to suspend the examination and appeal to the court for redress. The referee certified the' facts, a rule was granted, and a day was fixed for the hearing. Upon that day evidence as to the acts complained of and the arguments-of counsel thereon were heard-, and I have since considered the whole matter. My conclusion is that the bankrupt should be punished for the contempt in question, and -it is therefore ordered that the marshal take him into custody and commit him to the county jail, there to remain for the period of 30 days.

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