The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 76
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250 FEDERAL REPORTER
perintend and revise. A statement that removes the confusion will dis-
pose of the case.
The matter is here on one petition to revise two orders of the Dis-
trict Court affirming, modifying, and reversing parts of two orders of
a referee in bankruptcy, by which the referee directed,--firstly, that the
bankrupt turn over certain property which he had concealed from his
tustee; and, secondly, that he be held guilty of contempt for failure
to comply with the order to turn over.
On July 18, 1916, Silverman was adjudged a bankrupt. On October
5, the trustee filed with the referee a petition charging that the bank-
rupt had concealed certain of his property and asking for a rule upon
the bankrupt to show cause why he should not deliver the same to him.
After extended hearings, the referee, on March 2, 1917, made a report
m which he found that "the bankrupt should be ordered to deliver to
the petitioner, the trustee, the diamond stud mentioned in the petition,
or its value, $1,000.00, and also to pay [him] the sum of $582.65."
Exceptions to the report and a petition for rehearing were filed by
the bankrupt and a petition for review was filed by the trustee.
Having granted a rehearing, the referee, on April 19, filed a second
report sustaining the first, and, on June 2, he entered an order in ac-
cordance therewith. This is referred to generally as "the turnover or-
On June 21, the referee certified to the District Court, for its opin-
ion, the questions he had decided by his turnover order. Two days lat-
er, that is, on June 23, and before the District Court had had an oppor-
tunity to hear and decide the questions certified, the trustee filed a peti-
tion in the District Court, wherein (after reciting the turnover proceed-
ing before the referee and the resulting order) he charged that the bank-
rupt had refused and neglected to obey the referee's order, and prayed
for a rule to show cause why the bankrupt should not be adjudged in
contempt. The bankrupt made the same answer to this rule as he had
made to the rule instituting the turnover proceeding, which was, that
he had lost the diamond prior to his adjudication, and that, not having
it, he could not idi the first instance conceal it, and he could not in the
second instance tufn it over.
The rule and answer in the contempt proceeding were then referred
to the referee. On July 31, the referee made a report on the reference,
wherein he first adverted to his turnover order of June 2 (which was
still before the District Court on his certificate), and recommended
that the order be amended by reducing the sum to be paid from $582.65
to $182.65, and by ordering the bankrupt to turn over the diamond
stud, without, in the alternative, allowing him to pay $1,000 as its val-
ue. 'Following tip recommended amendment to his turnover order,
which, as we have said, had not received the consideration or decision
of the District Court, the referee at the same time and in the same re-
port recommended that:
"An order should be nade on the bankrupt to comply with the order of the
referee dated June 2, 1917 (which in effect was a recommendation that the
court approve his turnover order), or, in the case of continued disobedience
thereto, that he should be punished for contempt."
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/91/: accessed December 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.