IN RE LACZKO

BAP No. AZ 82-1352 EAsP, Bankruptcy No. 80-238 PHX RGM, Adv. No. 82-219.

37 B.R. 676 (1984)

In re Frank Louis LACZKO and Louise M. Laczko, Debtors. Frank Louis LACZKO and Louise M. Laczko, Appellants, v. GENTRAN, INC., Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 28, 1984.


Attorney(s) appearing for the Case

John Friedman, Friedman & O'Leary, Phoenix, Ariz., for appellants.

Thomas E. Weland, Treon, Warnicke & Roush, Phoenix, Ariz., for appellee.

Before ELLIOTT, ASHLAND and PYLE, Bankruptcy Judges.


OPINION

ELLIOTT, Bankruptcy Judge:

Debtors Frank Louis and Louise M. Laczko appeal from an order of the bankruptcy court granting summary judgment in favor of creditor Gentran, Inc.

This proceeding concerns the claim of a creditor, added to the debtors' schedules after the time for filing claims had expired. The question presented is whether that debt can be discharged in a no-asset case where the omission of the creditor from the original schedules...

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