Household Finance Corp. v. Altenberg

The sole question raised by this appeal is whether a plaintiff must prove fraud under Section 35(2), Title 11, U. S. Code, by clear and convincing evidence. Both the courts below have so held.

Section 35(2), Title 11, U. S. Code, a part of the Bankruptcy Act, reads, in pertinent part:

“A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as * * # (2) are liabilities * * # for obtaining money or property on credit or obtaining an extension or renewal of credit in reliance upon a materially false statement in writing *192r…