IN RE SMITH

No. 74-055.

424 F.Supp. 858 (1976)

In re Marshall Gaither SMITH, Bankrupt. MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff, v. Marshall Gaither SMITH, Defendant.

United States District Court, M. D. Louisiana.

December 21, 1976.


Attorney(s) appearing for the Case

Charles S. McCowan, Jr., John Dale Powers, Sanders, Miller, Downing & Kean, Baton Rouge, La., for Mount Vernon Fire Ins. Co.

Gerard E. Kiefer, Forrest, Kiefer & Bacot, Baton Rouge, La., for Marshall Gaither Smith.


E. GORDON WEST, District Judge:

This case is before the Court on plaintiff's application for review of an order of the Bankruptcy Judge whereby he discharged a $132,970.40 debt owed to plaintiff. The bankrupt, Marshall Gaither Smith, was engaged as an agent or broker in the insurance business. He sought and received a brokerage contract with the plaintiff insurance company. In connection with this contract the bankrupt represented himself as being president and principal...

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