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IN RE KIMBERLY

Bankruptcy No. 81-00238-BKC-TCB, Adv. No. 81-280-BKC-TCB-A.

13 B.R. 145 (1981)

In re Walter L. KIMBERLY, Debtor. MERRILL, LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiffs, v. Walter L. KIMBERLY, Defendant.

United States Bankruptcy Court, S.D. Florida.

July 28, 1981.

Attorney(s) appearing for the Case

Angus Campbell, West Palm Beach, Fla., for debtor.

Daniel Bakst, West Palm Beach, Fla., Trustee.

Mark T. Luttier, Palm Beach, Fla., for Merrill Lynch, et al.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

This complaint seeks a determination that plaintiff's claim of $28,319.66 is nondischargeable under 11 U.S.C. § 523(a)(2)(B). The debtor answered and the matter was tried on July 21.

The plaintiff-brokers extended credit to the debtor in December, 1979 in the form of a margin account which let the debtor trade in stock options. Before the account...

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