Scribd Logo
Upload

Welcome to Scribd!

  • Matter of Carl Roth, Bankrupt-Appellant v. Alfred W. Rosenberg, Trustee-Appellee, 266 F.2d 559, 2d Cir. (1959)

    Uploaded by

    Scribd Government Docs
    17 views1 page
    The United States Court of Appeals for the Second Circuit affirmed a lower court's denial of discharge in bankruptcy for Carl Roth. Roth made false statements under oath related to his bankruptcy proceeding by failing to disclose a $800 loan repayment to Chase Bank and the sale of his Ford car for $1,300. As Roth knowingly and fraudulently made false oaths, he was not entitled to discharge under the bankruptcy statute. The record supported the findings of the referee and lower court that Roth committed an offense by making false statements punishable by law.

    Original Description:

    Filed: 1959-05-07 Precedential Status: Precedential Citations: 266 F.2d 559 Docket: 25415_1

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Second Circuit affirmed a lower court's denial of discharge in bankruptcy for Carl Roth. Roth made false statements under oath related to his bankruptcy proceeding by failing to disclose a $800 loan repayment to Chase Bank and the sale of his Ford car for $1,300. As Roth knowingly and fraudulently made false oaths, he was not entitled to discharge under the bankruptcy statute. The record supported the findings of the referee and lower court that Roth committed an offense by making false statements punishable by law.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    17 views1 page

    Matter of Carl Roth, Bankrupt-Appellant v. Alfred W. Rosenberg, Trustee-Appellee, 266 F.2d 559, 2d Cir. (1959)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Second Circuit affirmed a lower court's denial of discharge in bankruptcy for Carl Roth. Roth made false statements under oath related to his bankruptcy proceeding by failing to disclose a $800 loan repayment to Chase Bank and the sale of his Ford car for $1,300. As Roth knowingly and fraudulently made false oaths, he was not entitled to discharge under the bankruptcy statute. The record supported the findings of the referee and lower court that Roth committed an offense by making false statements punishable by law.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 1

    266 F.

    2d 559

    Matter of Carl ROTH, Bankrupt-Appellant,


    v.
    Alfred W. ROSENBERG, Trustee-Appellee.
    No. 276, Docket 25415.

    United States Court of Appeals Second Circuit.


    Argued April 22, 1959.
    Decided May 7, 1959.

    Louis S. Maritzer, New York City, for appellant.


    Mathias Naphtali, New York City, for appellee.
    Before LUMBARD and MOORE, Circuit Judges, and ANDERSON,
    District judge.
    PER CURIAM.

    We affirm Judge Byers' order of July 24, 1958, which refused to review
    Referee Duberstein's order of June 6, 1958, denying Carl Roth a discharge in
    bankruptcy because Roth 'knowingly and fraudulently made false oaths in
    relation to this bankruptcy proceeding' of Roth and his wife, individually and as
    co-partners. It is conceded that Roth gave false answers (1) as to the repayment
    of loans as he neglected to state a repayment to the Chase Bank of $800 on
    March 11, 1957; and (2) in swearing that he had not transferred or disposed of
    any property other than in the ordinary course of business. In fact fifteen days
    before swearing to these statements Roth sold his Ford car for $1,300 and
    repaid the Chase Bank $800. Roth failed to account for the remaining $500.

    Thus under 11 U.S.C.A. 32 sub. c(1) he was not entitled to a discharge because
    he had 'committed an offense punishable by imprisonment as provided under
    152 of Title 18,' which section includes knowingly and fraudulently making a
    false oath in relation to a bankruptcy proceeding. The record amply supports
    the findings and conclusions of the Referee and the order of the court.

    You might also like