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IN RE GUISTOLISI

Bankruptcy No. 86-00478-BKC-TCB, Adv. No. 86-0183-BKC-TCB-A.

61 B.R. 821 (1986)

In re James GUISTOLISI, Debtor. BARNETT BANK OF SOUTH FLORIDA, N.A., Plaintiff, v. James F. GUISTOLISI, Defendant.

United States Bankruptcy Court, S.D. Florida.

June 3, 1986.

Attorney(s) appearing for the Case

Robert L. Jennings, Holland & Knight, Ft. Lauderdale, Fla., for plaintiff.

Joseph Bernstein, Bernstein, Bernstein & Stein, Ft. Lauderdale, Fla., for defendant.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The plaintiff/judgment creditor seeks exception from discharge under 11 U.S.C. § 523(a)(2)(B) of its claim in the amount of $190,557. The debtor has answered and the matter was tried on May 6.

Section 523(a)(2)(B) requires that plaintiff prove that the debtor obtained credit by the use of a written statement:

(i) that is materially false; (ii) respecting the debtor's or an insider...

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