HALPERN V. SCHWARTZ 426 F.2d 102 (2d Cir. 1970) CASE BRIEF

HALPERN V. SCHWARTZ

426 F.2d 102 (2d Cir. 1970)

NATURE OF THE CASE: This was an appeal from summary judgment denying a discharge in bankruptcy. Halpern (D) sought review of an order affirming an order of the bankruptcy court denying D's discharge through a grant of summary judgment to Schwartz (P).

FACTS: A trial court had found that Halpern (D) had committed three acts of bankruptcy, and therefore she was determined to be legally bankrupt. One of the three acts of bankruptcy was a transfer with the intent to hinder and delay creditors. Schwartz (P), a trustee in bankruptcy, then brought suit to deny D a discharge in bankruptcy, because she had caused a transfer of debts with the intent to hinder, delay, or defraud creditors. P's motion for summary judgment was granted. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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