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IN RE TUMEN

February 7, 1944

In re TUMEN


The opinion of the court was delivered by: FORMAN

This is a petition of an objecting creditor to review a referee's order dismissing specifications of objection to a bankrupt's discharge and granting the discharge.

Fourteen specifications of objection were filed by Nathan Mesnikoff, the sole creditor of the bankrupt, as follows:

 "1. Bankrupt has failed to file an accurate inventory of all of her property both real and personal, and has failed to include therein all statements concerning said property as is required by the provisions of the Bankrupt Act.

 "2. Bankrupt has destroyed, mutilated, falsified, concealed and failed to keep books of account or records from which her financial condition and business transactions might be ascertained.

 "3. Bankrupt has failed to explain satisfactorily any losses or assets or deficiency of assets to meet her liabilities.

 "5. Bankrupt has borrowed large sums of money on bond and mortgage encumbering real estate and has failed to account for the same.

 "6. Bankrupt sold and conveyed the assets of two hotels together with their furnishings and equipment, in Asbury Park, New Jersey, and has failed to account for the proceeds of the same.

 "7. Bankrupt conveyed a piece of real estate in Atlantic Highlands, to one, Matilda Berg, without consideration and for the purpose of cheating and defrauding her creditors.

 "8. Bankrupt obtained by fraud, deceit and concealment, a mortgage loan of $8,000 from Nathan Mesnikoff, creditor herein, and executed a bond and mortgage for that amount on the 27th day of October, 1927 on the property of which she was not the lawful owner and from the proceeds thereof took her unto herself $4500.00 which she has kept and concealed in fraud of her creditors.

 "9. Bankrupt on the 11th day of September, 1928, conveyed unto the Delphian Holding Company, lands and premises on the corner of First Avenue and Kingsley Street, without any consideration and in fraud of her creditors.

 "10. Bankrupt and her parents conspired and schemed to keep and conceal from creditors of her parents their assets; and bankrupt together with her parents manipulated the purchase and sale of real estate and the mortgaging thereof, in which transactions bankrupt incurred the indebtedness due this creditor; and in virtue of which manipulations this creditor was defrauded out of the sum of Eight Thousand ($8,000.) Dollars.

 "11. Bankrupt was, on or before the 5th day of March, 1942, the owner of household furnishings, and effects of the value of $5000.00. On or about the 5th day of March, 1942, bankrupt conveyed and transferred said household furnishings and effects unto her husband, Jonas Tumen, in fraud ...


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