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IN RE SIMARD
June 7, 1966
IN THE MATTER OF HOUSTON HERBERT SIMARD, BANKRUPT.
The opinion of the court was delivered by: John E. Miller, Chief Judge.
In this action Houston Herbert Simard seeks review of an order
denying his discharge and dismissing his petition in
bankruptcy. The bankrupt filed his petition for review April 1,
1966, and on April 6, 1966, the Referee in Bankruptcy filed his
certificate and attached thereto the objections to discharge
filed by Southwest Factoring Corporation and National
Distributors, Inc.; a transcript of the hearing on the
objections to discharge March 4, 1966; the order denying
discharge of March 24, 1966; and the petition for review.
The objecting creditors in their specifications of objections
to discharge alleged that the bankrupt obtained money in the
sum of $21,959.93 from Southwest Factoring Corporation by
making and submitting false invoices and received materials,
goods and mechandise in the amount of $24,453.64 from National
Distributors, Inc., by making and submitting to National
Distributors false financial statements. The Referee's order
denying discharge contains the following findings of fact:
"That the said Houston H. Simard was an executive of Jackson
Furniture Company, Fort Smith, Arkansas, at all times
material to said Specification of Objections.
"That Jackson Furniture Company, Fort Smith, Arkansas,
entered into a Factoring Agreement on September 23, 1963.
That while an executive of Jackson Furniture Company, the
said Houston H. Simard obtained money in the amount of
$21,959.93 from the said Southwest Factoring Corporation by
making, publishing or causing to be made or published
materially false statements in writing. That the said Houston
H. Simard submitted fake invoices and schedules of accounts
to Southwest Factoring Corporation concerning Barrack
Furniture Company, Allen's Antiques, Badger Antiques, Lee's
Antiques, Pollack Antiques, Norris Antiques, and Kelly's
"That said false statements in writing were delivered to
Southwest Factoring Corporation, and that the said Southwest
Factoring Corporation extended credit and paid money based
upon said false statements.
"That the said Houston H. Simard knew at the time of making
and delivering same to the said Southwest Factoring
Corporation that said statements were materially false
respecting his financial condition."
In conclusion the order denied discharge on the following
"That Houston H. Simard, as an executive of Jackson Furniture
Company, obtained money from Southwest Factoring Corporation
by making, publishing or causing to be made or published
materially false statements in writing, and that in reliance
of said writing, the said Southwest Factoring ...
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