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IN RE MORSE

January 19, 1965

IN THE MATTER OF LOUIS MORSE, BANKRUPT.


The opinion of the court was delivered by: John E. Miller, Chief Judge.

There is before the court the petition of the bankrupt, Louis Morse, for review of an order of the Referee in Bankruptcy entered October 27, 1964, denying the discharge of the bankrupt.

On May 13, 1965, the bankrupt filed his voluntary Debtor's Petition which was referred to the Referee on the same date.

In paragraphs 2 and 3 of the petition for review, the following allegations appear:

    "That the Bankrupt in his Petition and on the stand
  testified that in the two years immediately preceding
  the filing of the Bankruptcy herein, he had been
  employed as an auctioneer for Lord's Art Gallery of
  Hot Springs and had earned salaries totaling
  approximately Sixty Thousand Dollars ($60,000) and
  has lost said monies gambling.
    "It is undisputed that said monies were lost by
  gambling at the Southern Club and the Vapors which,
  during that time, had operated gambling casinos in
  the City of Hot Springs, Arkansas."

The bankrupt further alleged in paragraph 6:

    "* * * that he kept no records of his losses; that
  he had gambled some monies in the ninety (90) days
  prior to filing his Petition for Bankruptcy."

In paragraph 8 he alleged:

    "* * * the fact that monies are lost by gambling
  and the bankrupt cannot pay his creditors of itself
  does not warrant the refusal to discharge in
  bankruptcy. It is only where the bankrupt's financial
  condition cannot be ascertained that the failure to
  keep records will prevent the discharge. In the
  present case, the record reflects that the Bankrupt's
  financial condition was unquestioned and was so found
  by the Referee."

In paragraph 10 he alleged:

    "The petitioner would like to point out at this
  point that he is a wage earner and that the keeping
  of records of gambling losses is not the practice of
  gamblers and was, therefore, not compulsory upon this
  petitioner in order to receive his discharge in
  bankruptcy."

Prior to the filing of the petition for review and on September 2, 1964, a judgment creditor of petitioner filed objection to the discharge, and alleged:

    "1. That petitioner failed to keep books of account
  or records from which his financial condition and
  business and gambling transactions might be
  ascertained; that petitioner has admitted this both
  in his petition and in his examination in open court.
    "2. That petitioner has committed an offense
  punishable by imprissonment as provided under Section
  152 of Title 18 of the United States Code Annotated
  in that he admitted in open court that he owns
  household goods, furniture, household stores, wearing
  apparel and ornaments of the person of a value of
  more than $250.00, which is the value listed for same
  in his petition."
  "A. I lost week in and week out, I have no record,
      lost up to the time they closed the gambling, and
      couldn't gamble any more. I gambled at the
      Southern and the Vapors — everyone knows me, they
      all ...

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