In the Matter of Danny C. Wood, Bankrupt. Sears, Roebuck & Company v. Danny C. Wood and Sharon Kay Wood

In March 1976, appellees, Danny Wood and his wife Sharon, purchased approximately seven hundred dollars of merchandise from appellant Sears, Roebuck & Company using their charge account. In late April of the same year Wood filed a bankruptcy petition and was subsequently discharged from his debts. Sears sought a judgment against Wood in the amount of the debt, claiming that Bankruptcy Act, Section 17a(2), 11 U.S.C. § 35(a)(2), which denies discharge as to “liabilities for obtaining money or property by false pretenses or false representations,” prevented discharge of Wood’s debt. The…