In Re Black

DECISION and ORDER

MYRON L. GORDON, District Judge.

This is an appeal by Kohl’s Department Stores, Inc., from the bankruptcy court’s order denying its objection to discharge; that objection is grounded upon § 17(a)(2) of the National Bankruptcy Act, 11 U.S.C. § 35(2), which provides for the denial of a discharge as to “liabilities for obtaining money or property by false pretenses or false representations. . . . ”

The bankruptcy court determined that when the bankrupts, John and Geraldine Black, charged merchandise valued at $1,145.82 at Kohl’s, they were solvent and intended to pay for it. I…