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IN RE HERRAN

Bankruptcy No. 86-00945-BKC-TCB, Adv. No. 86-0486-BKC-TCB-A.

66 B.R. 323 (1986)

In re Luis E. HERRAN & Celina Herran, Debtors. J.C. PENNEY COMPANY, INC., Plaintiff, v. Luis E. HERRAN & Celina Herran, Defendants.

United States Bankruptcy Court, S.D. Florida.

September 12, 1986.

Attorney(s) appearing for the Case

Eugene Cline, Marietta, Ga., and David F. Holmes, Slocomb, Ala., for plaintiff.

Franz A. Arango, Miami, Fla., for defendants.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

Plaintiff seeks exception from discharge under 11 U.S.C. § 523(a)(2)(C) as applied under § 523(a)(2)(A) for its claim of $1,021 against the debtors. The debtors appeared at trial and denied the essential allegations. No default has been sought or granted on account of the debtors' failure to plead. The matter was tried on September 4.

The facts are undisputed. On March 21, 23 and 26, the...

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