The opinion of the court was delivered by: BYERS
Hearing on trustee's petition to review decision of referee in bankruptcy dated August 11, 1944, granting discharge; it contains sixteen findings of fact, in part as requested by the decision of this court dated May 22, 1944, In re Casey, D.C., 55 F.Supp. 351.
No additional evidence was taken by the referee in reaching his said decision.
The material findings as paraphrased are:
(1) That the bankrupt's interest in the piano at time of adjudication consisted of an equity of about $92.00.
For reasons to be stated, this is not sustained by the evidence. At adjudication he had no such interest.
(3) That on or about December 25, 1941, he presented this piano to his wife and daughter as a Christmas gift.
(This is the transfer in question.)
(4) That the bankrupt was then indebted to but one creditor, the National City Bank.
(The total amount of the indebtedness at that time is not stated, but the bankrupt's schedules of April 27, 1942, show it to be $98.28; to this should be added four monthly payments of $16.00 each to establish the approximate amount due in December, 1941, or about $162.28 as the then total of that debt.)
(5) That there was no intention by the bankrupt to hinder, delay or defraud his creditors, by making this transfer.
(6) and (7) That the indebtedness for the unpaid balance of purchase price of the piano was listed in the bankrupt's schedules, but the creditor was not listed as a secured creditor.
Note: The listing was as follows:
"Gimbel Bros. (giving address)
"For goods sold and delivered -- ...