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In re Spear

In re Spear, 103 F. 779 (D. Vt. 1900)
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Court
District Court, D. Vermont · Federal District Courts
Decided
July 16, 1900
Docket
No. 116
Judges
Wheeler
Citations
103 F. 7791900 U.S. Dist. LEXIS 166
Headnotes
Bankruptcy — Discharge—Failure to Keep Boors. 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.
Summary
In Bankruptcy. On application of bankrupts for discharge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wheeler

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WHEELER, District Judge.

Not 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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