In the Matter of Joseph Francis Barbiere, Bankrupt. Joseph Francis Barbiere

The appeal at bar is from an order of the court below vacating an order of the referee, to whom the matter stood referred, granting the bankrupt, Barbiere, a discharge. The bankrupt gave a materially false statement to a creditor for the purpose of inducing the creditor to extend credit to him. The bankrupt insists that his motives were honest and his intent innocent, but, as the District Judge found, all the testimony in the case is “ * * * consistent only with an intent [on the part of Barbiere] to obtain credit on the basis of a statement clearly incorrect.” [97 F.Supp. 86, 89.]

Referring…