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IN RE PRIMACK

Bankruptcy No. 87-01464-BKC-TCB, Adv. No. 87-0462-BKC-TCB-A.

81 B.R. 711 (1987)

In re Joseph & Elaine PRIMACK, Debtors. Richard WANGER, Plaintiff, v. Joseph & Elaine PRIMACK, Defendants.

United States Bankruptcy Court, S.D. Florida.

December 18, 1987.

Attorney(s) appearing for the Case

Richard Wedgle, Denver, Colo., for plaintiff.

Joel M. Aresty, Kelly, Drye & Warren, including Smathers & Thompson, Miami, Fla., for defendants.

D. Jean Ryan, Law Offices of Patricia Redmond, Miami, Fla., for trustee.

Gui Govaert, Miami, Fla., trustee.

John L. Britton, Ft. Lauderdale, Fla., for Commercial Federal Sav. & Loan.

Steven C. Dupre, Baynard, Harrell, Mascara & Ostow, P.A., St. Petersburg, Fla., for Sun Sav. & Loan Assn.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The plaintiff/creditor seeks denial of the debtors' discharges under 11 U.S.C. § 727(a)(2)(A) or exception of his claim from their discharges under § 523(a)(2)(A). Ruling was reserved (C.P. No. 12) on the debtors' motion to dismiss (C.P. No. 5). The debtors have answered and the matter was tried November 5. I conclude that plaintiff has failed to establish either count and that the complaint must...

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