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In re Roe.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


December 14, 1944

IN RE ROE.

Appeal from the District Court of the United States for the District of New Jersey; Thomas F. Meaney, Judge.

Before GOODRICH and McLAUGLIN, Circuit Judges, and FAKE, District Judge.

Per Curiam.

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 ovedr 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 faling 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.

19441214

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