IN RE STONE

No. 76-2075.

588 F.2d 1316 (1978)

In re Joseph Robert STONE, Bankrupt. Iva E. OLSON, Plaintiff-Appellee, v. Joseph Robert STONE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 20, 1978.

Rehearing Denied December 13, 1978.


Attorney(s) appearing for the Case

Saul R. Sarney of Sarney, Trattler & Waitkus, Denver, Colo., for defendant-appellant.

David H. Stacy, Denver, Colo. (with Kevin Haight, Lakewood, Colo., on brief) of DeMuth & Eiberger, Denver, Colo., for plaintiff-appellee.

Before BARRETT and McKAY, Circuit Judges, and BRATTON, District Judge.


McKAY, Circuit Judge.

We are asked to relieve the defendant of a default judgment entered against him in bankruptcy court. We decline to do so.

The underlying dispute involves issues of dischargeability in bankruptcy. Plaintiff Iva E. Olson (Olson) alleged in bankruptcy court that defendant Joseph Robert Stone (Stone) should be denied discharge as to certain obligations under Section 17(a)(2) of the Bankruptcy Act, 11 U.S.C. § 35(a)(2) (1976).

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