Scribd Logo
Upload

Welcome to Scribd!

  • Matter of August R. Gerecke, Bankrupt, August R. Gerecke, 242 F.2d 760, 3rd Cir. (1957)

    Uploaded by

    Scribd Government Docs
    19 views1 page
    The court affirmed the denial of a discharge of bankruptcy for August R. Gerecke based on the finding that he made a knowingly false statement in a credit application that was relied upon by a creditor. The referee and district court both found that Gerecke failed to meet his burden of proof under the Bankruptcy Act to show the statement was not false. The appeals court agreed with this conclusion.

    Original Description:

    Filed: 1957-04-18 Precedential Status: Precedential Citations: 242 F.2d 760 Docket: 12149_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 court affirmed the denial of a discharge of bankruptcy for August R. Gerecke based on the finding that he made a knowingly false statement in a credit application that was relied upon by a creditor. The referee and district court both found that Gerecke failed to meet his burden of proof under the Bankruptcy Act to show the statement was not false. The appeals court agreed with this conclusion.

    Copyright:

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

    Matter of August R. Gerecke, Bankrupt, August R. Gerecke, 242 F.2d 760, 3rd Cir. (1957)

    Uploaded by

    Scribd Government Docs
    The court affirmed the denial of a discharge of bankruptcy for August R. Gerecke based on the finding that he made a knowingly false statement in a credit application that was relied upon by a creditor. The referee and district court both found that Gerecke failed to meet his burden of proof under the Bankruptcy Act to show the statement was not false. The appeals court agreed with this conclusion.

    Copyright:

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

    242 F.

    2d 760

    Matter of August R. GERECKE, Bankrupt, August R.


    Gerecke, Appellant.
    No. 12149.

    United States Court of Appeals Third Circuit.


    Argued April 15, 1957.
    Decided April 18, 1957.

    Isadore B. Miller, Paterson, N.J., for appellant.


    Jerome D. Schwitzer, Asst. U.S. Atty., Newark, sN.J. (Chester A.
    Weidenburner, U.S. Atty., George J. Rossi, Asst. U.S. Atty., Newark, N.J.,
    on the brief), for appellee.
    Before GOODRICH, STALEY and HASTIE, Circuit Judges.
    PER CURIAM.

    August R. Gerecke, Bankrupt, appeals from a denial of a discharge by the


    district judge. The denial was based upon a finding that the bankrupt had made
    a knowingly false statement in a credit application which was relied upon in
    part by a creditor. The referee found that the bankrupt failed to sustain the
    burden of proof imposed upon him by the Bankruptcy Act, 14, sub. c(3), 11
    U.S.C.A. 32, sub. c(3). The district court affirmed the referee. We not only do
    not find the conclusion clearly erroneous, but we agree with it.

    The judgment of the district court will be affirmed.

    You might also like