In re Leonard

Good Law
122 F. Supp. 214·1954 U.S. Dist. LEXIS 3169
United States District Court, Southern District of CaliforniaMarch 31, 1954No. 56369California2,027 words

Opinion

lead Opinion

Tolin, J.

The Referee has ordered that a discharge in bankruptcy be denied bankrupt. The order incorporates Findings of Fact which lead to conclusions of law to the effect that bankrupt has committed acts denounced by Sections 14, sub. c(1) and 14, sub. c(3) of the Bankruptcy Act, 11 U.S.C.A. The language of the statute provides in applicable part:

In essential part, the Findings of Fact are that the bankrupt and his wife obtained money from (Pacific Finance Loans in the amount of $311.90 by making and delivering to said creditor a materially false statement in writing, signed by the bankrupt and his wife, respecting their financial condition. The statement averred that bankrupts were indebted for sums aggregating not in excess of $1,217.55 and that they had no other debts. Their indebtedness actually was not less than $10,000. The Referee found that the false statement was relied upon by the loan company in making the $311.90 loan.

It is not the loan company that objects to the discharge but another *216 creditor. However, this does not affect the validity of the objection, In re Haggerty, 2 Cir., 1948, 165 F.2d 977 , providing that the ground for denying the discharge is supported by…

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