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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.

OPINION

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:

"I.

    "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.

"II.

    "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
  Antiques.

"III.

    "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.

"IV.

    "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 grounds:

"II.

    "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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