In re Ramsey
In re Ramsey
Opinion of the Court
A creditor (Mercantile Financial Corporation) has filed a petition for review of an order of the Referee granting a discharge to the bankrupt. The discharge was opposed by the creditor mainly because of allegedly material, false statements made with respect to four accounts assigned by Ramsey Steel & Supply Corporation (bankrupt’s alter ego) to creditor. The petition for review asserts its objection to the order of discharge on eight grounds.
There was a full hearing before the Referee on these objections resulting in a discharge of the bankrupt. The Referee in his conclusions of law, among other things, said: “The Court finds
The Referee heard the testimony in detail on each contention, observed the witness, drew his inferences and reached the conclusion that the objector had not shown to the satisfaction of the Court that the bankrupt had committed any acts which would prevent his discharge. There is more than substantial evidence in the record to support that conclusion. It must be borne in mind that the Bankruptcy Act is a salutary, remedial scheme. Its benefits are not lightly to be denied. The burden upon an objector to satisfy the Court that the bankrupt is not entitled, to the benefit of the act is not a light one. Rice, Bankrupt v. Matthews, Trustee, (5CA) 342 F.2d 301. ^
This Court has examined and considered this record on petition for review and is of the opinion that the order of the Referee is correct and should be affirmed. An order accordingly may be-presented.
Reference
- Full Case Name
- In the Matter of Fred RAMSEY, Jr., Bankrupt
- Status
- Published