In re McCarthy

MOSCOWITZ, District Judge.

This is a motion for an order reviewing the order made by the Referee in bankruptcy.

A creditor sought an order from the Referee adjudicating that the obligation owing to the Personal Finance Company of New York by the bankrupt was not dischargeable. The Referee properly decided that such question should be determined by the State Court.

This Court had occasion to state in Anna Francine and Frank Bonacchini v. Armon Babayan, 45 F.Supp. 321, decided January 2, 1942: “A discharge in bankruptcy can only affect such debts that are dischargeable under the Bankruptcy Law [11…