U.S. Court of Appeals for the Fifth Circuit, 1930

Shapiro & Ornish v. Holliday

U.S. Court of Appeals for the Fifth Circuit · Decided January 7, 1930 · Walker, Bryan, Foster

37 F.2d 407; 1930 U.S. App. LEXIS 2564 (Federal Reporter, Second Series)

Counsel

Emil Corenbleth, of Dallas, Tex., for appellants., Robert Allan Ritchie and Fred J. Dudley, both of Dallas, Tex. (Dabney, Goggans & Ritchie, of Dallas, Tex., on the brief), for appellees.

Cases that cite this one

23 later published cases cite this decision. The 22 that cite it most often are listed here.

Nof v. Gannon (In re Gannon) (United States Bankruptcy Court, S.D. New York 1994)
United States v. Haimes (In re Haimes) (United States District Court for the Southern District of Florida 1992)
Manhattan Leasing Systems, Inc. v. Goblick (In re Goblick) (United States Bankruptcy Court, M.D. Florida 1988)
Lashinsky v. Amphone (United States Bankruptcy Court, D. Kansas 2020)
Modi v. Virani (United States Bankruptcy Court, N.D. Georgia 2017)
RES-GA Diamond Meadows, LLC v. Robertson (In re Robertson) (United States Bankruptcy Court, N.D. Georgia 2017)
BMW Financial Services, N.A. v. Rivas (In re Rivas) (United States Bankruptcy Court, D. New Jersey 2016)
Nuvell Credit Corp. v. Ross (In re Ross) (United States Bankruptcy Court, N.D. Illinois 2007)
Pereira v. Young (In re Young) (United States Bankruptcy Court, E.D. New York 2006)
Turner v. Tran (In re Tran) (United States Bankruptcy Court, N.D. Florida 2003)
Hawley v. Cement Industries, Inc. (11th Cir. 1995)
First American Bank of New York v. Bodenstein (In re Bodenstein) (United States Bankruptcy Court, E.D. New York 1994)
Daniel v. Johnson (In re Johnson) (United States District Court Eastern District of Louisiana 1987)
Bernstein v. Carl Zeiss, Inc. (In re Bernstein) (United States District Court for the Southern District of Florida 1987)
Excelsior Truck Leasing Co. v. Bernat (In re Bernat) (District Court, E.D. Pennsylvania 1986)
Southwest National Bank v. Reasoner (In re Reasoner) (District Court, W.D. Louisiana 1986)
Federal Deposit Insurance Corp. v. Hendren (In re Hendren) (United States Bankruptcy Court, E.D. Tennessee 1985)
Fox v. Cohen (In re Cohen) (United States Bankruptcy Court, Southern District Florida 1985)
In re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., Trustee (11th Cir. 1984)
Slocum v. Wheeler (In re Wheeler) (United States Bankruptcy Court, E.D. Tennessee 1984)
First Texas Savings Ass'n v. Reed (5th Cir. 1983)
In re Woods (2d Cir. 1934)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

FOSTER, Circuit Judge.

This is an appeal from a judgment denying a discharge in bankruptcy to appellants on the ground that they had failed to explain satisfactorily losses of assets and the deficiency of assets to meet their liabilities at the time of adjudication as bankrupts. Section 14b(7) Bankruptcy Act as amended by the Act of May 27, 1926 (11 USCA § 32).

This ease presents purely a question of fact. The District Court in 37 F.(2d) 403 reviewed the material facts and reached the conclusion that a discharge should be withheld. It would serve no good purpose to again review the facts. It is enough to say that the record supports the conclusion reached by the District Court.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.