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MATTER OF BREEN

Bankruptcy No. 3-80-03601, Adv. No. 3-81-0001.

13 B.R. 965 (1981)

In the Matter of Martin J. BREEN, Jr., Barbara L. Breen, Debtors. The FIRST NATIONAL BANK DAYTON, OHIO, Plaintiff, v. Martin J. BREEN, Jr., and Barbara L. Breen, Defendants.

United States Bankruptcy Court, S.D. Ohio, W.D.

September 11, 1981.

Attorney(s) appearing for the Case

John M. Slavens, Dayton, Ohio, for plaintiff.

Kenneth J. Arkenberg, Dayton, Ohio, for defendants.

DECISION FINDING DEBT DISCHARGEABLE

ELLIS W. KERR, Bankruptcy Judge.

THE PLEADINGS

The Complaint of the Plaintiff, The First National Bank, Dayton, Ohio (Bank) alleged, among other things that the Defendants, the Debtors (Breens) executed a note October 19, 1980, payable to the Bank and secured by a mortgage on real estate; that after default the Bank obtained a judgment; that the Bank would not have made the loan but for representations made in...

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