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IN RE DAVID BELL SCARVES

52 F.2d 755 (1931)

In re DAVID BELL SCARVES, Inc.

District Court, S. D. New York.

September 25, 1931.

Attorney(s) appearing for the Case

Krause & Hirsch, of New York City (George C. Levin, of New York City, of counsel), for trustee.

Conrad, Rubin & Lesser, of New York City, pro se.

CAFFEY, District Judge.

It is clear, and I believe it is without dispute, that the words "in contemplation of the filing of a petition by or against him," contained in section 60d of the Bankruptcy Act (11 USCA § 96(d), relate only to the state of mind of the debtor, and not to what his lawyer thinks about. Tripp v. Mitschrich (C. C. A.) 211 F. 424, 427; Quinn v. Union Nat. Bank (C. C. A.) 32 F.2d 762, 767.

With respect...

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