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LINDSEY v. CORNELL

No. 13536.

650 P.2d 704 (1982)

103 Idaho 562

Margaret E. LINDSEY, Plaintiff-Appellant, v. Julian H. CORNELL, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied October 28, 1982.

Attorney(s) appearing for the Case

James W. Givens, Lewiston, for plaintiff-appellant.

J.D. Hancock, Rexburg, for defendant-respondent.

WALTERS, Chief Justice.

This case concerns the alleged reaffirmation of a debt, owed by Cornell to Lindsey, and scheduled by Cornell in bankruptcy. The state district court held that the debt had not been reaffirmed, and entered judgment for Cornell. Lindsey appeals. For reasons explained below, we vacate the judgment.

In 1976 Lindsey made a personal, unsecured loan to Cornell. On February 9, 1977, Cornell filed bankruptcy, listing the debt. Lindsey received...

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