100 F. 65 | S.D. Ohio | 1899
This matter is submitted to the court upon the petition of the bankrupt for a discharge, specifications in opposition thereto by Bernard Augustin, a creditor, who has proved his claim against the bankrupt, the evidence taken by the referee by the direction of the court, his report thereon, and the arguments of counsel. The petition for a discharge alleges that the bankrupt “has duly surrendered all his property and rights of property, and has fully complied with all the requirements of said act, and the orders of the court touching his bankruptcy.” The specifications in opposition to this petition are three in number, which are, in substance, as follows: (1 and 3) That at the time of filing his petition to be adjudicated a bankrupt, and at the time of filing his petition for discharge, he was, in fact, the owner or had an interest in real estate which he conveyed to or purchased in the name of his wife, in fraud of his creditors, which he failed to set forth, in Schedule B attached to his petition to be adjudicated a bankrupt. (2) That at the time he filed his petition to be adjudicated a bankrupt, and at the time he filed the petition for discharge, he was, in fact, the owner of a stock of groceries used in carrying on a retail grocery business, in the city of Portsmouth, Ohio, which he had colorably transferred to his wife, in fraud of his creditors, and which was not, but should have been, set forth in said Schedule B attached to his petition to he adjudicated a bankrupt. The statement in said Schedule B, relating to real estate, is as follows: “The petitioner is not the owner of any real estate whatever, or any interest therein.” And in relation to personal property the statement is: “(c) Stock in trade. None.”
I will not discuss the evidence in detail. It is enough to say that it convinces me that the conveyances by the bankrupt to his wife of the stock of groceries, and of the building in which the business was carried on, and the purchase of the property in Kentucky in his wife’s name, were each made for the purpose of defrauding creditors, and that when he filed his petition to he adjudged a bank