immediately preceding the filing of the petition transferred, removed, destroyed, or concealed, or permitted to be removed, destroyed, or concealed, any of his property, with intent to hinder, delay or defraud his creditors; or (5) in voluntary proceedings been granted a discharge in bankruptcy, within six years; or (6) in the course of the proceedings in bankruptcy refused to obey any lawful order of or to answer any material question approved by the court. Provided, that a trustee shall not interpose objections to a bankrupt's discharge until he shall be authorized so to do at a meeting of the creditors called for that purpose.5 (c) The confirmation of a composition shall discharge the bankrupt from his debts, other than those agreed to be paid by the terms of the composition and those not affected by a discharge." 6 5 Re Reiff, 205 Fed. 399; Re Hockman, 205 Fed. 330. Neither the judge nor the referee has the power to prescribe conditions of the interposition of objection by a trustee duly authorized, such as that the objections shall not delay settlement of the estate beyond a stated time or cause expense to the estate. Re Churchill, 197 Fed. 111; infra, § 656. The referee cannot order the trustee to file an objection unless the creditors' meeting has directed that this be done. Re White, 238 Fed. 874; but he may direct that a creditors' meeting be called to consider the question. Re Whitney, 250 Fed. 1005. The court cannot deny the discharge of its own motion. Ibid; Re Walsh, C. C. A., 256 Fed. 653; Re Armstrong, 248 Fed. 292. But see Re Main, 205 Fed. 421. A creditor may oppose the discharge, although he has not proved his claim; Re Frice, 96 Fed. 611; Re Barrager, 191 Fed. 247; even it seems, if his time to prove the same has expired, Re Bimberg, 121 Fed. 942; Re Conroy, 134 Fed. 764, 766; and although his claim is contested. Re Conroy, 134 Fed. 764. So, it has been held, may a creditor whose claim has been barred by the statute of limitations. Re Westbrook, 186 Fed. 414. It has been held that a creditor whose debt would not be discharged may oppose the application; Re Main, 205 Fed. 421; Re Menzin, C. C. A., 238 Fed. 773; Re Armstrong, 248 Fed. 292. Contra, Re Meikleham, 236 Fed. 401; the pendency of a suit in a State court upon the claim will not prevent its holder from such opposition. Re Menzin, C. C. A., 238 Fed. 773. As to matters which do not estop a creditor, see Re Hagy, C. C. A., 220 Fed. 665. After one creditor has declared his intention to abandon objections, another creditor may adopt and prosecute them. Re Guilbert, 154 Fed. 676. 630 Stat. at L. 544, 440. § 14b, as amended 36 St. at L. 838. See Re Levey, 133 Fed. 572. The court has no discretionary power to refuse a discharge when none of the statutory grounds for refusal has been duly alleged and proved. Re Jacobs, C. C. A., 241 Fed. 620; Re Whitney, 250 Fed. 1005. "The petition of a bankrupt for a discharge shall state concisely, in accordance with the provisions of the act and the orders of the court, the proceedings in the case and the acts of the bankrupt."7 "A creditor opposing the application of a bankrupt for his discharge, or for the confirmation of a composition, shall enter his appearance in opposition thereto on the day when the creditors are required to show cause, and shall file a specification in writing of the grounds of his opposition within ten days thereafter, unless the time shall be shortened or enlarged by special order of the judge." 8 7 General Order XXXI. The separate petition by a member of a bankrupt firm for his discharge should recite the former proceedings by and against the partnership and pray for his separate discharge. Re Meyers, 97 Fed. 757. It has been held that the petition may bę amended SO as to include this prayer and to state the adjudication of the bankruptcy of the copartnership; but that new notice to the creditors in the proper form must subsequently be given. Re Meyers, 97 Fed. 757, 759. It has been said that a petition for a discharge need not be verified. Re Jemison Mercantile Co., C. C. A., 112 Fed. 966; Remington on Bankruptcy, $2430. But see Re Glass, 119 Fed. 509; but see Re Taylor, 188 Fed. 479, holding that the objection had there been waived because not made until after evidence had been taken. The petition should be filed with the clerk and not with the referee. Re Taylor, 188 Fed. 479. 8 General Order XXXII as amended June 4, 1917. In case of an enlargement or shortening of the time, the notice to the creditors should advise them thereof. See Re Horowitz, C. C. A., 250 Fed. 106; Re Meyers, 97 Fed. 757. A creditor is entitled to the whole of the tenth day within which to enter his appearance in opposition. Re Barager, 191 Fed. 247. It has been held that a creditor may prosecute his objections in forma pauperis. Re Gilbert, 154 Fed. 676; supra, § 413. Specifications, which are not filed within the time limited by the general order, will be dismissed. Re Abrecht, 104 Fed. 974; Re Clothier, 108 Fed. 199. The judge may extend the time for a creditor's entry of appearance in opposition after the same has expired. Re Levin, C. C. A., 176 Fed. 177. Where an appearance was duly entered by an objecting creditor it was held that the judge might enlarge his time to file specifications or allow them to be filed nunc pro tunc. Re Frice, 96 Fed. 611. Cf. Re Nathanson, 152 Fed. 585. It has been said that objections to a discharge constitute a new suit or action, the hearing of which is in effect a trial in equity. Re Malschick, 217 Fed. 492. The objections should be filed with the clerk and not with the referee. Re Hockman, 205 Fed. 330; Re C. H. Kendrick & Co., 226 Fed. 890. The application of a creditor in opposition to a discharge may be made These must be clear, specific, circumstantial, and distinctly allege one of the statutory grounds for refusing the discharge. by a member of the bar of the court without a written power of attorney. Re Gasser, C. C. A., 104 Fed. 537. The specifications of objections to the discharge should be verified; Re Glass, 119 Fed. 509; Re Gift, 130 Fed. 230; Re Abramovitz, 253 Fed. 299. Remington on Bankruptcy, $ 2584. Contra, Re Jamieson, 120 Fed. 697. It has been held to be sufficient, if the oath is taken "to the best of affiant's knowledge, information and belief." Re Milgraum & Ost, 129 Fed. 827. Cf. Re Jamieson, 120 Fed. 697. But see Re Brown, C. C. A., 112 Fed. 49; Re Glass, 119 Fed. 509; Re Nathanson, 155 Fed. 645; Re White, 222 Fed. 688; Re Abramovitz, 253 Fed. 299. Such omissions or irregularities may be cured by amendment. Re Glass, 119 Fed. 509; Re Gift, 130 Fed. 230; Re Meuer, 144 Fed. 445; Re Hanna, C. C. A., 158 Fed. 238; Re Miller, 192 Fed. 730; and are waived if the bankrupt proceeds without objecting thereto. Re Baerneopf, 117 Fed. 975; Re Robinson, 123 Fed. 844; Godshalk v. Sterling, C. C. A., 129 Fed. 580. That where several creditors join in the same specifications, each of them, or someone in his behalf must sign and verify the same. Re Glass, 19 Fed. 509. Where a partnership, which had proved a claim against a partner's estate, was dissolved pending the proceedings without a transfer of the claim to any one of the partners; it was held that objections to the discharge in which they did not all unite, could not be sustained. Re Hendrick, 143 Fed. 647. The specifications should also be signed by or on behalf of the objecting creditors. Re Baerncopf, 117 Fed. 975. But see Re Kretz, 212 Fed. 784. Where the creditor is absent, verification by his attorney may be permitted. Re Baerncopf, 117 Fed. 975; Remington on Bankruptcy, § 2596; but the reason why the creditor does not himself swear to the same should be stated. Re Baerncopf, 117 Fed. 975; Re Glass, 119 Fed. 509; Remington on Bankruptcy, § 2590, Re Randall, 159 Fed. 298. The specifications should show the facts which make the objector a party in interest. Re Servis, 140 Fed. 222; Re Main, 205 Fed. 421; an averment that the petitioners are "creditors of the bankrupt" is insufficient. It was held that the bankrupt by proceeding to trial upon the objection did not waive the defense that neither the specifications nor the proceedings showed that the trustee had received authority to object. Re White, C. C. A., 248 Fed. 115; Re Chandler, C. C. A., 138 Fed. 637; Re Fackler, 246 Fed. 864. Contra, Re Nathanson, 155 Fed. 645. 9 Re Frice, 96 Fed. 611; Re McCarthy, 170 Fed. 859, holding that such a defect is not waived by the bankrupt's failure to except thereto. It has been said that the specifications of the objecting creditors must be as specific as a criminal indictment or information. Re Hirsch, 96 Fed. 468. But see Re Kaiser, 99 Fed. 689; Re White, 222 Fed. 688. When the objection is the commission of an act, which is a crime under the bankruptcy law; 30 St. at L. 544, 554, § 29; quoted infra, $ 654, the specifications must state its commission "knowingly and They must set forth the particular facts on which the opposition is based,10 must not be vague, nor general, nor contain mere conclusions of law. They must allege the essential facts which constitute the bar to the discharge.12 Allegations in the language of the statute are insufficient,18 except when the objection is that the bankrupt has failed to keep any books of account or fraudulently." Re Beebe, 116 Fed. 48 (false oath); Re Patterson, 121 Fed. 921 (fraudulent concealment); Kentucky Nat. Bank v. Carley, C. C. A., 127 Fed. 686 (false oath); Re Levey, 133 Fed. 572 (fraudulent concealment); Re Taplin, 135 Fed. 861 (false oath); Re Cohen, 149 Fed. 908 (false oath); Re Agnew, 225 Fed. 650 (false oath); Re Opava, 235 Fed. 779 (fraudulent concealment). It has been held: that in a charge of the transfer, removal, destruction or concealment of property, or permission that the same be done within four months before the filing of the petition, with intent to hinder, delay or defraud creditors, the word "knowingly" may be omitted; Re Gift, 130 Fed. 230. Objections to such omissions are waived by going to trial upon the merits without raising them. Osborne, C. C. A., 115 Fed. 1; but see Re Taplin, 135 Fed. 861, and may be cured by amendment. Kanszak, 151 Fed. 503. 10 Re Hixon, 93 Fed. 440. Re Re 11 Re Holman, 92 Fed. 512. An objection that the bankrupt has fraudulently concealed or, transferred property should specify the property and the date of the transfer with some reasonable degree of certainty. Re Carrier, 47 Fed. 438; Re Hixon, 93 Fed. 440; Re Hirsch, 96 Fed. 468; Re Taplin, 135 Fed. 861; Re White, 222 Fed. 688; Re Agnew, 225 Fed. 650. The same rule applies to an objection that the bankrupt obtained property on credit by a false statement in writing; Re Epstein, 248 Fed. 191; Re Troutman & Jesse, 251 Fed. 930. Such an objection must also set forth the false statement and show wherein it was false. Re Levy, 133 Fed. 572; Re Main, 205 Fed. 421; Re Epstein, 248 Fed. 191. And also the name of the person alleged to have been defrauded. Re Levy, 133 Fed. 572. A charge of a false oath must show its materiality, Re White, 222 Fed. 688; set forth the false statement and negative its truth, Re Nathanson, 155 Fed. 645; Re Greer, 248 Fed. 131, 133; supra, § 506r. In these cases, the proper remedy is a motion to make the specifications more definite and certain, Re Mintzer, 197 Fed. 647; and if that is delayed until after evidence has been taken, a motion to amend them to conform to the proof will usually be granted. Ibid. It was held that such an objection for insufficient precision of the specifications when not made until after the witnesses were called, was properly denied with leave to renew after the testimony had been taken. Ibid. Cf. Re Wakefield, 207 Fed. 180. 12 Re Kaiser, 99 Fed. 689. 13 McNeil v. U. S., C. C. A., 150 Fed. 82, 18 Am. B. R. 21; Remington on Bankruptcy, § 2608. Mintzer, 197 Fed. 647. Re records.14 Several grounds of opposition may be included in the same specifications, but they must be separately stated.15 Where the statute provides that the offenses must have been committed within a specified time before the bankruptcy, the specifications must show their commission within the period of limitation.16 It has been said that a bankrupt may avail himself upon the hearing of the insufficiency of allegations in the specifications,17 and that objections to the form of specifications cannot be raised for the first time upon appeal.18 The specifications may be once amended by permission of the judge; 14 Re Patterson, 121 Fed. 921; Godshalk v. Sterling, C. C. A., 129 Fed. 580; Re Ginsburg, 130 Fed. 627; Re Randall, 159 Fed. 298. The objection should state that the failure was with intent to conceal the financial condition of the bankrupt. Re Epstein, 248 Eed. 191. See Re Lewis, 163 Fed. 137. But where the allegation was that he failed to keep such books of account or records as would enable his financial condition to be ascertained, it was held that the particulars in which the failure consisted should be pleaded. Re Peck, 120 Fed. 972. Evidence should not be pleaded, Re Troeder, C. C. A., 150 Fed. 710. Allegations that he did not keep some necessary books, and that the books kept were insufficient to show the course or condition of his business, did not justify the objection that some particular transactions were not entered. Re Smith, 16 Fed. 465. It was held under the Act of 1867, that a specification of a failure to keep proper books of account could not sustain a finding that the books were kept upon an incorrect theory. Re Graves, 24 Fed. 550. 15 Re Wetmore, 102 Fed. 290. In such a case, the discharge will be denied if any one of them is sus 19 19 Re Holman, 92 Fed. 512; Re Carley, C. C. A., 117 Fed. 130; Re Gift, 139 Fed. 230; Re Hendrick, 138 Fed. 473. See Re Mudd, 105 Fed. 348. Amendments have been allowed after the expiration of the time for filing specifications. Re Morgan, 101 Fed. 982; Re Osborne, C. C. A., 115 Fed. 1; Re Nathanson, 152 Fed. 585. An amendment may be allowed after a reference; Re Hendrick, 138 Fed. 473, but not, it has been held, after the proofs are closed. Re Smith, 16 Fed. 465. But see Re Pierce, 103 Fed. 64. An amendment was refused where the specifications merely alleged the words of the statute. Re Peck, 120 Fed. 972. Cf. Re Gift, 130 Fed. 230. But see Re Glass, 119 Fed. 509. New objections to the discharge cannot be added by |