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IN RE BYRD

Bankruptcy No. 3-82-01126, Adv. No. 3-83-0865.

41 B.R. 555 (1984)

In re Raye Nile BYRD, D.D.S., Debtor. WALTER E. HELLER & COMPANY, Plaintiff, v. Raye Nile BYRD, D.D.S. and Mary Elizabeth Moreland Byrd, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

June 21, 1984.

Attorney(s) appearing for the Case

Stophel, Caldwell & Heggie, P.C., James R. McKoon, Chattanooga, Tenn., for plaintiff.

Goodman & Cannon, Daniel J. Goodman, Knoxville, Tenn., for defendants.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This case involves the dischargeability of a claim based on the debtor's personal guaranty of a corporate debt for the lease of a computer. Plaintiff lessor asserts its claim is nondischargeable because the debtor obtained the lease through the use of a materially false personal financial statement, 11 U.S.C.A. § 523(a)(2)(B) (1979). Although his financial statement is irrefragably false, the debtor contends...

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