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IN RE RUSSELL

Bankruptcy No. 81-00479 T, Adv. No. 81-0388.

18 B.R. 325 (1982)

In re John K. and Maria S. RUSSELL, Debtors. BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, v. John K. and Maria S. RUSSELL and Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 15, 1982.

Attorney(s) appearing for the Case

Mark S. Sigmon, Bethleham, Pa., for plaintiff.

Harry A. Kitey, Allentown, Pa., for defendants.

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

This case is before us on a creditor's objections to the dischargeability of a debt. At issue is whether the creditor has met its burden of proof regarding the element of "intent to deceive." For reasons hereinafter given, we conclude that the creditor has not met its burden of producing clear and convincing evidence of an intent to deceive and we therefore dismiss the complaint.1

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