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IN RE SULLAWAY

Bankruptcy No. 83-2526-L, Adv. No. 86-1067.

66 B.R. 320 (1986)

In re Alan M. SULLAWAY, Debtor. John F. McNULTY and McNulty Realty Associates, Plaintiffs, v. Alan M. SULLAWAY, Defendant.

United States Bankruptcy Court, D. Massachusetts.

September 5, 1986.

Attorney(s) appearing for the Case

David J. Noonan, Tighe, Curhan & Piliero, Boston, Mass., for plaintiffs.

Allen Roffman, Chelsea, Mass., Trustee.

Charles R. Bennett, Jr., Riemer & Braunstein, Boston, Mass., for defendant/debtor.

MEMORANDUM DENYING DISCHARGE

HAROLD LAVIEN, Chief Judge.

I find for the debtor on Counts 6 and 7, as they deal with an alleged misrepresentation of financial condition of the debtor; namely, the ownership of the Derby Street property. 11 U.S.C. § 523(a)(2) requires that when dealing with a fraud relating to financial condition, it must be based on a statement in writing. There is no such false writing. This requirement of writing is of long standing...

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