EX PARTE: IN THE MATTER OF BENJAMIN P. MCCAULLY, PETITIONER

Citator

Cited By

• Toledo Newspaper Co. v. United States, 247 U.S. 402 (U.S. 1918)
• Palmer A. Peterson v. Faye V. Peterson, 400 F.2d 336 (8th Cir. 1968)
  …f property within the meaning of § 3(a) (1). Continental Bank & Trust Co. of New York v. Winter, 153 F. 2d 397, 399 (2 Cir. 1946), cert, denied 329 U.S. 717, 67 S.Ct. 49, 91 L.Ed. 622; In re Shoesmith, 135 F. 684, 687 (7 Cir. 1905), appeal dismissed 198 U.S. 582, 25 S.Ct. 804, 49 L. Ed. 1172. And too general averments, or those which merely employ the language of the statute, have been held to be insufficient. South Suburban Safeway Lines, Inc. v. Carcards, Inc., 256 F. 2d 934, 935 (2 Cir. 1958). Facts must…
• In re Smiley v. First Nat'l Bank OF Belleville, 864 F.2d 562 (7th Cir. 1989)
  …f fraud requires more than a failure to volunteer information. Continental Bank & Trust Co. v. Winter, 153 F. 2d 397 (2d Cir.1946), cert. denied, 329 U.S. 717, 67 S.Ct. 49, 91 L.Ed. 622; In re Shoesmith, 135 F. 684, 687 (7th Cir.), appeal dismissed, 198 U.S. 582, 25 S.Ct. 804, 49 L.Ed. 1172 (1905). At the time of the November 16, 1984 meeting with his creditors, however, Mr. Smiley not only failed to volunteer information, but he misrepresented the value of his assets. He told his creditors that his assets…