[Download] "Karger v. Sandler" by Second Circuit Circuit Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Karger v. Sandler
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 05, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The judge denied the bankrupt his discharge because he had failed to keep books from which his financial condition could be ascertained, and had destroyed papers which would have helped disclose it. Section 14b (2), Bankr. Act, 11 USCA § 32 (b) (2). The case has been treated as though the statute required proof of an intent to conceal the bankrupts position from his creditors, ignoring the amendment of 1926. That is no longer necessary; it is enough that his failure, or the destruction, was not "justified under all the circumstances," a vague phrase admitting much latitude of construction. Nix v. Sternberg, 38 F.2d 611 (C.C.A. 8). No doubt the section is not concerned with impeccable bookkeeping as such [In re Russell (D.C.) 52 F.2d 749, 753]; the interests protected are those of creditors, and the bankrupts conduct must affect their ability to learn what he did with his estate; but his fault need not involve any specific intent to balk their inquiries, though the standard is left at large, to be fixed ad hoc as the evidence may require. That is no doubt a very loose test, but no looser than some others; for example, that by which the creditors duty to inquire further is measured, when an insolvent pays a debt under suspicious circumstances, or the standard of care in much of the law of torts. The vague, but imperative, dictates of ordinary fair dealing, or common caution, are taken to supply any inability to tell in advance just what the law will exact. While in such cases the functions of judge and legislator no doubt coalesce, custom has too long accredited the confusion to raise any doubts of its propriety, when the power is plainly granted.
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