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IN RE MART

Bankruptcy No. 87-04526-BKC-TCB, Adv. No. 88-0144-BKC-TCB-A.

90 B.R. 556 (1988)

In re Gilbert MART, Debtor. CHICAGO TITLE INSURANCE COMPANY, Plaintiff, v. Gilbert MART, Defendant.

United States Bankruptcy Court, S.D. Florida.

August 24, 1988.

Attorney(s) appearing for the Case

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

Robert L. Roth, Miami, Fla., for defendant.

William Roemelmeyer, Miami Shores, Fla., Trustee.

Steven Friedman, Miami, Fla., for Trustee.

MEMORANDUM DECISION AS TO COUNT 1

THOMAS C. BRITTON, Chief Judge.

The complaint seeks denial of discharge under five subsections of 11 U.S.C. § 727. Alternatively, it seeks exception from discharge under three subsections of § 523. Additionally, it objects to the debtor's claimed exemptions.

At trial and without objection, exception from discharge (count 1) was deferred (CP 14), because it would have been mooted by denial of discharge....

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