IN RE ROY

Bankruptcy No. 83-01903-BKC-TCB, Adv. No. 84-0171-BKC-TCB-A.

40 B.R. 452 (1984)

In re Robert C. ROY, Sr., Debtor(s). BIRMINGHAM TRUST NATIONAL BANK, Plaintiff, v. Robert C. ROY, Sr., Defendant.

United States Bankruptcy Court, S.D. Florida.

June 4, 1984.


Attorney(s) appearing for the Case

Steven Siff, Hollywood, Fla., for plaintiff.

Gary Zwickel, Lake Worth, Fla., for debtor.

Daniel L. Bakst, West Palm Beach, Fla., for trustee.


MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff creditor, holding a 1982 Alabama judgment against the debtor in the amount of $44,644, seeks exception from discharge for its claim under 11 U.S.C. § 523(a)(2)(B). The debtor has answered. The matter was tried on May 1.

In 1980, a corporation dominated by the debtor gave a $30,000 check to a third party, Shackelford. When the check bounced, Shackelford was forced to borrow...

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