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IN RE WIENER

32 F.2d 329 (1929)

In re WIENER. NOTEWARE v. WIENER.

District Court, W. D. New York.

February 18, 1929.

Attorney(s) appearing for the Case

Goldring, Sherman, Reisman & Killeen, of Buffalo, N. Y. (Henry W. Killeen, of Buffalo, N. Y., of counsel), for bankrupt.

Saperston, McNaughton & Saperston, of Buffalo, N. Y. (Alfred M. Saperston, of Buffalo, N. Y., of counsel), for trustee.

HAZEL, District Judge.

The involuntary petition in bankruptcy herein was filed November 28, 1927, a few days after the bankrupt Wiener sold his goods on hand and closed out his business as a dealer in produce. Subsequently, on his examination under section 21a of the Bankruptcy Act; 11 USCA § 44(a), evidence was adduced, as certified by the referee, that on December 12, 1927, the bankrupt possessed $11,183, which he willfully withholds from the trustee herein...

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