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DECKER v. ROES

Civ. No. 82-2210, Bankruptcy No. 81-0854.

32 B.R. 385 (1983)

Gloria A. DECKER, Director of the State Lottery Commission, Plaintiff/Appellee, v. James ROES, Defendant/Appellant. In the Matter of James ROES, Debtor.

United States District Court, D. New Jersey.

January 31, 1983.

Attorney(s) appearing for the Case

Kleinberg, Moroney, Masterson & Schachter by James E. Masterson, Millburn, N.J., for defendant/appellant.

Irwin I. Kimmelman, Atty. Gen. of New Jersey by Harley A. Williams, Deputy Atty. Gen., Trenton, for plaintiff/appellee.

OPINION

BIUNNO, Senior District Judge.

This is an appeal from an order of the Bankruptcy Judge determining that the funds owed by the debtor to the N.J. State Lottery Commission are not discharged and survive the bankruptcy.

The dispute arose because, although the debtor listed the Lottery Commission claim (as the claim of a creditor not entitled to priority), the notice sent out as a consequence indicated neither the interest of the Lottery Commission...

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