IN RE FRANK

Bankruptcy No. 80-00883-BKC-TCB, Adv. No. 81-0369-BKC-TCB-A.

14 B.R. 166 (1981)

In re Maurice B. FRANK, Debtor. Gerald A. RIMMEL, Receiver, Mercantile Trust Company, N.A., and United States of America, Plaintiffs, v. Maurice B. FRANK, Defendant.

United States Bankruptcy Court, S.D. Florida.

September 21, 1981.


Attorney(s) appearing for the Case

Norman J. Kapner, West Palm Beach, Fla., for debtor/defendant.

Charles A. Newman, St. Louis, Mo., for Mercantile Trust Co., National Association.

J. Christopher Kohn, Civ. Div., Dept. of Justice, Washington, D.C., for United States.

Walter P. Davison, Trustee.

Barry S. Schermer, Clayton, Mo., for Gerald A. Rimmel, receiver.

Stephen Judson, Miami, Fla., Atty. for Trustee.


MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Three creditors seek denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A), (3) and (5). (C.P. No. 5). The debtor has answered. (C.P. No. 6). The matter was tried on September 1, 1981.

The three plaintiffs' claims aggregate $1.9 million. The debtor was a general partner in an Illinois limited partnership which invested in commercial real estate, providing a tax shelter for some...

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