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IN RE COOK

BAP Nos. CC-82-1588 AbPV, CC-82-1589, CC-82-1590, CC-82-1575 and CC-82-1576 Bankruptcy Nos. SB 81-02155 WH to 81-02157 WH, Adv. Nos. SB 82-0587 WH to SB 82-0589 WH, SB 82-0616-WH and SB-82-1617 WH.

38 B.R. 743 (1984)

In re David James COOK, et al., and Alpharetta Rose Cook, etc., Debtor. Michael A. GIURBINO, Plaintiff-Appellant, v. David J. COOK, aka David James Cook, Defendant-Respondent. In re FAR WEST FUNDING CORPORATION, Debtor. Michael A. GIURBINO, Plaintiff-Appellant, v. FAR WEST FUNDING CORPORATION, a California corporation, Defendant-Respondent. In re OLD WORLD FINANCIAL, INC., a California corporation, dba Far West Development Company, Debtor. Michael A. GIURBINO Plaintiff-Appellant v. OLD WORLD FINANCIAL, INC., a California corporation, dba Far West Development Company Defendant-Respondent In re David James COOK, et al., and Alpharetta Rose Cook, etc., Debtor. Mike R. SPECIAL, Allen E. Hom, James E. Hom, Plaintiffs-Appellants, v. David J. COOK, aka David James Cook, Defendant-Respondent. In re FAR WEST FUNDING CORPORATION, Debtor. Mike R. SPECIAL, Allen E. Hom, James E. Hom, Plaintiffs-Appellants, v. FAR WEST FUNDING CORPORATION, a California corporation, Defendant-Respondent.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 30, 1984.

Attorney(s) appearing for the Case

David G. Moore, Reid, Babbage & Coil, Riverside, Cal., Karl J. Knudson, Pickell & Knudson, Riverside, Cal., for plaintiffs-appellants.

Before ABRAHAMS, PYLE and VOLINN, Bankruptcy Judges.

ABRAHAMS, Bankruptcy Judge.

This is a creditors' appeal from a judgment refusing to except a debt from discharge on grounds of fraud, breach of fiduciary obligations and embezzlement. The trial court's findings of fact were not clearly erroneous and we therefore affirm.

Appellants are three of the investors who lost money in a scheme to buy a thrift and loan in Hawaii. The investors deposited $200,000 into the venture's savings account to carry out the plan...

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