Sears, Roebuck & Co. v. Boydston

COLEMAN, Circuit Judge.

This appeal arises from the bankruptcy of Mr. and Mrs. Arland D. Boydston. The referee granted the husband’s discharge over the objections of two of his creditors, Sears, Roebuck & Co. and Neiman Marcus. On review, the District Court affirmed. Appellants contend that the discharge should have been denied under § 17a(2) of the Bankruptcy Act, 11 U.S.C.A. § 35(a)(2), because the bankrupts were engaged in a scheme to obtain property on credit with the secret intention of not paying for it. Although Boydston’s actions appear so highly questionable that if we were hearing…