IN RE HARCK

Bankruptcy No. 4-85-03195-HW, Adv. No. 485-0370-AW.

70 B.R. 118 (1987)

In re John F. HARCK and Opal R. Harck, Debtor(s). Owen L. GOLDSMITH, Appellant(s), v. John F. HARCK & Opal R. Harck, Appellee(s).

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided January 16, 1987.


Attorney(s) appearing for the Case

Cindy W. Frazier, Robert W. Lazzarini, Lazzarini & Frazier, Walnut Creek, Cal., for appellant.

Thomas L. Feeny, Concord, Cal., for appellee(s).

Before ASHLAND, MOOREMAN, and MEYERS, Bankruptcy Judges.


ASHLAND, Bankruptcy Judge:

Creditor Owen Goldsmith appeals from an order granting debtor's motion for summary judgment which dismissed creditor's adversary complaint for nondischargeability. We reverse and remand.

STATEMENT OF FACTS

The debtor John Harck, a real estate salesman licensed by the Department of Real Estate of the State of California, was the owner of real property located at 1101 Palm Avenue, Martinez, California. On March 25, 1979 Harck...

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