In re Kimble

HARRIS, District Judge.

Petitioner American Trust Company seeks reimbursement under Section 64, sub. a(3) of the Bankruptcy Act (11 U.S.C.A. § 104, sub. a(3)) for its services rendered in blocking the bankrupt’s discharge.

Petitioner, through its own attorneys, established to the satisfaction of the Referee in Bankruptcy, that the bankrupt had perpetrated a fraud in connection with certain loans made to him by petitioner. Under these circumstances the bankrupt was not entitled to his discharge and the Referee so held.

In 1938, Section 64, sub. a(3) of the Bankruptcy Act was amended to read as…