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IN RE WEINER v. NATIONAL BANK OF COM. OF DALLAS

No. 72-1472 Summary Calendar.

469 F.2d 987 (1972)

In the Matter of Jerome Ross WEINER et al., Bankrupts. Jerome Ross WEINER and Wife, Barbara Beck Weiner, etc., et al., Appellants, v. NATIONAL BANK OF COMMERCE OF DALLAS and Lubbock National Bank, Appellees.

United States Court of Appeals, Fifth Circuit.

November 16, 1972.

Attorney(s) appearing for the Case

Donnie R. Duplissey, Dean Carlton, Dallas, Tex., for appellants.

Morris I. Jaffe, W. Randolph Elliott, John M. Gray, Acting Chairman of the Executive Committee, Dallas, Tex., for National Bank of Commerce.

Aubrey J. Fouts, Lubbock, Tex., for Lubbock National Bank.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This appeal turns on but one question: did the bankruptcy court err in denying a bankrupt a general discharge under Section 14(c) (3) of the Bankruptcy Act, 11 U.S.C.A. § 32(c) (3), because, while engaged in business, he obtained money for that business on credit by making a materially false financial statement? The bankrupt's use of a materially false statement to obtain money is not challenged...

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