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IN RE HUNTER

Nos. 84-2312, 84-2363.

771 F.2d 1126 (1985)

In re Larry HUNTER and Mary Ellen Hunter, Debtors. Richard JENNEN, Appellee, v. Larry HUNTER and Mary Ellen Hunter, Appellants. In re Larry HUNTER and Mary Ellen Hunter, Debtors. Richard JENNEN, Appellant, v. Larry HUNTER and Mary Ellen Hunter, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 20, 1985.

Attorney(s) appearing for the Case

Jonathan R. Fay, Fargo, N.D., for Larry Hunter and Mary Ellen Hunter.

Stephen F. Rufer, Fergus Falls, Minn., for Richard Jennen.

Before BRIGHT, Senior Circuit Judge, and ROSS and JOHN R. GIBSON, Circuit Judges.

BRIGHT, Senior Circuit Judge.

In this case the bankrupt, Larry Hunter, owed his creditor, Richard Jennen, a sum of $27,000 exclusive of interest. The $27,000 sum represented two separate debts: a $15,000 debt that the bankruptcy judge determined to be nondischargeable, and a $12,000 debt that the judge determined to be dischargeable in bankruptcy. The controversy relates to a pre-bankruptcy payment of $12,284.23 to the creditor on the debts which had been combined...

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