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IN RE MARSHALL

Bankruptcy No. 83-02038-BKC-TCB.

37 B.R. 108 (1984)

In re Courtney MARSHALL, Debtor.

United States Bankruptcy Court, S.D. Florida.

January 23, 1984.

Attorney(s) appearing for the Case

W. John Gundlach, Jr., Fort Lauderdale, Fla., for debtor.

Paul M. Sullivan, West Palm Beach, Fla., for creditor, First Fed. S. & L. of Palm Beach.

Daniel Bakst, West Palm Beach, Fla., Trustee.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

This involuntary chapter 7 petition was tried on January 17. The facts are undisputed.

The debtor's principal debt is a note payable to the petitioning creditor. The debtor concedes that the note is in default and that he generally is not paying his debts as they become due, if that note is a debt which is still due. The debtor argues that the note was satisfied when a mortgage securing that...

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