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IN RE HOGAN

Bankruptcy No. 83-01642(1), Adv. No. 83-0565(1).

38 B.R. 922 (1984)

In re Carl E. HOGAN, a/k/a Hogan Farms, Debtor. HEINOLD HOG MARKET, INC., a Corporation, Plaintiff, v. Carl E. HOGAN, a/k/a Hogan Farms, and John V. Labarge, Jr., Trustee, Defendants.

United States Bankruptcy Court, E.D. Missouri, E.D.

April 11, 1984.

Attorney(s) appearing for the Case

Ray Dickhaner, Hillsboro, Mo., for plaintiff.

Kenneth V. Byrne, Clayton, Mo., for debtor defendant.

John V. LaBarge, Jr., Kirkwood, Mo., trustee defendant.

MEMORANDUM OPINION

ROBERT E. BRAUER, Bankruptcy Judge.

This Cause presents dischargeability issues under 11 U.S.C. § 523(a)(2).

Debtor Defendant sold encumbered hogs to the Plaintiff, knowing of the encumbrances, without disclosing the encumbrances to the Plaintiff. Debtor received the fair market value for the hogs, from the Plaintiff, on each sale. Payment, on each occasion, was made by check, drawn by the Plaintiff, payable to the Debtor...

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