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MATTER OF MERRILL

No. 77-2240.

594 F.2d 1064 (1979)

In the Matter of Alfred Lawrence MERRILL, a/k/a Larry Merrill, Bankrupt. Larry MERRILL, Appellant, v. WALTER E. HELLER & COMPANY OF ALABAMA, a corporation, Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 1979.

Attorney(s) appearing for the Case

R. B. Jones, Roger M. Monroe, Birmingham, Ala., for appellant.

Richard F. Ogle, Charles L. Denaburg, Birmingham, Ala., for appellee.

Before GODBOLD, Circuit Judge, SKELTON, Senior Judge, and RUBIN, Circuit Judge.

GODBOLD, Circuit Judge:

Appellant filed a voluntary petition in bankruptcy on October 3, 1977. In his Bankruptcy Statement Merrill listed Walter E. Heller & Company (Heller) as a creditor with a claim for $343,078.77. The debt was characterized as a "pending suit." The pending suit was an action brought by Heller against appellant, his wife and two children in state court for $343,078.77 allegedly due on agreements for financing of accounts receivable and on personal...

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