No. 86.Circuit Court of Appeals, Second Circuit.
November 10, 1943.
Appeal from the District Court of the United States for the Eastern District of New York.
Proceedings in the matter of George Arky, formerly doing business as Lawrence Electric Construction Company, bankrupt, wherein Louis P. Rosenberg was appointed trustee. From an order denying a discharge, the bankrupt appeals.
Gettinger Gettinger, of New York City (Henry L. Redner, of New York City, of counsel), for appellant.
Louis P. Rosenberg, of Brooklyn, trustee-appellee.
Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.
The bankrupt appeals from an order denying a discharge. Nearly three years before filing his voluntary petition he had obtained a loan of $504 by means of a materially false statement in writing respecting his financial condition. The loan was paid about a year before the bankruptcy petition was filed. In the case of In re Ernst, 2 Cir., 107 F.2d 760, our discussion made no distinction between the first loan, which had been paid before petition filed, and the second, which had not. See, also, In re Harr, D.C.E.D.Mo., 143 F. 421, 423; In re Weinstein, D.C.S.D.Cal., 34 F.2d 964.