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IN RE McQUEARY

Bankruptcy No. 1-83-00048.

43 B.R. 948 (1984)

In re Arthur "Audie" McQUEARY and Alta Sue McQueary, Debtors. Arthur "Audie" McQUEARY, Plaintiff, v. John Sam CARY, Commonwealth Attorney, 29th Judicial District and Jack Little, d/b/a Little Oil Company, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

November 7, 1984.

Attorney(s) appearing for the Case

Ray B. White, Bowling Green, Ky., for debtors.

Donald Richard Todd, Lexington, Ky., for defendant.

Henry Dickinson, Glasgow, Ky., trustee.

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The question presented by this case is whether to reopen a bankruptcy case, closed for almost a year, to allow a creditor who had early notice of the proceeding to now contest the dischargeability of his debt. The case carries with it implications for an attempted criminal prosecution of the debtor. We conclude that the case should not be reopened.

The debtor Arthur McQueary received a bankruptcy...

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