Opinion
No. 8657.
Argued December 7, 1944.
Decided December 14, 1944.
Appeal from the District Court of the United States for the District of New Jersey; Thomas F. Meaney, Judge.
Proceeding in the matter of Warren Adams Roe, bankrupt. From an order affirming an order of the referee discharging the bankrupt over the objections of the Morris Plan Industrial Bank of New York, creditor, the creditor appeals.
Affirmed.
Henry W. Parker, of New York City (John I. O'Neill, of Jersey City, N.J., on the brief), for appellant.
Albert Freeman, of Newark, N.J. (Bernard Hellring, of Newark, N.J., of counsel; Coult, Satz, Morse Coult, of Newark, N.J., on the brief), for appellee.
Before GOODRICH and McLAUGHLIN, Circuit Judges, and FAKE, District Judge.
In this case a creditor of the bankrupt claims error on the part of the District Court of New Jersey in affirming an order of the referee discharging the bankrupt over the creditor's objections. The creditor claims that the discharge should not have been granted because the bankrupt committed an offense punishable by imprisonment, § 14, sub. c, 11 U.S.C.A. § 32, sub. c, by having made a false oath, § 29, sub. b, 11 U.S.C.A. § 52, sub. b. Whether the bankrupt was guilty of conscious falsification is a question of fact. Creditor claimed he was, in one instance for failing to disclose an interest in an exempt Pension Fund among his assets and, secondly, in failing to give a correct disclosure of his indebtedness in applying for credit. The referee and the District Court decided against the creditor's contentions. We cannot say that this conclusion was clearly erroneous and the order appealed from is, therefore, affirmed.