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IN RE MILDER

May 11, 1955

In the Matter of Arthur M. MILDER, Bankrupt


The opinion of the court was delivered by: RAYFIEL

The Trustee herein petitions this Court for a review of the order of Hon. Louis J. Castellano, dated December 29, 1954, dismissing the specifications of objection and granting a discharge to the bankrupt.

The Trustee had filed the following specifications of objection to the bankrupt's discharge:

 '1. The bankrupt has committed offenses punishable by imprisonment as provided under Title 18 United States Code, Section 152, in that

 'A. The bankrupt has knowingly and fraudulently made false oath in this proceeding, in that in his Statement of Affairs sworn to June 3, 1953 and filed herein, he swore that no transfers had been made by him of any property within the year immediately preceding the filing of the petition in bankruptcy herein (which petition was filed on June 4, 1953), whereas in truth and in fact

 'I) on or about May 22, 1953 and May 27, 1953 (within one year immediately preceding the filing of the petition in bankruptcy herein), the bankrupt transferred to his wife Ada S. Milder, the sum of $ 80.00, being a part of his share of a settlement of a claim of the said bankrupt and his said wife against National Transportation Co., Inc. and Max Cohen, and on or about the same date transferred to his said wife his interest in a check in the sum of $ 120 drawn to the order of his said wife and himself;

 'II) in or about the month of April, 1953 the bankrupt transferred to his wife, Ada S. Milder, the sum of approximately $ 600.00 received from the United States of America as a refund of income taxes paid for the year 1952.

 'B. The bankrupt had knowingly and fraudulently made a false oath in this proceeding in that he swore that Schedule 'B' of his schedules in bankruptcy herein constituted a statement of all of his property, real and personal, whereas in truth and in fact there was omitted from the said schedule the unexpended portions of the aforesaid sums of $ 80.00, $ 120.00 and approximately $ 600.00, which constituted his property and which were held by his wife for him.

 '2. The bankrupt has

 'A. Destroyed books of account and records from which his financial condition and business transactions might be ascertained, to wit: bank statements, cancelled vouchers and bank deposit book in connection with a bank account maintained by him in Manufacturers Trust Company, 376 Grand Street, New York, New York, for the year 1952 and a portion of the year, 1953, and for periods prior thereto.

 'B. Concealed the aforesaid records from which his financial condition and business transactions might be ascertained.

 'C. Failed to keep or preserve the aforesaid records from which his financial condition and business transactions might be ascertained.

 'D. Failed to keep books of account and records from which his financial condition and business transactions might be ascertained.

 '3. A. On or about October 6, 1952, subsequent to the first day of the twelve months immediately preceding the filing of the petition in bankruptcy herein, the bankrupt transferred certain of his property, to wit; the real property commonly known as 50 Falmouth Street, Brooklyn, New York, to his wife, Ada S. Milder, with intent to defraud or to hinder or delay his creditors.

 'B. On or about between May 22, 1953 and May 27, 1953, subsequent to the first day of the twelve months immediately preceding the filing of the petition in bankruptcy herein, the bankrupt transferred certain of his property consisting of the sums of $ 80.00 and $ 120.00 to Ada S. ...


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