IN RE BURKHART

BAP No. CC-86-1955-MeJV, Bankruptcy No. LA-84-09345 BR.

84 B.R. 658 (1988)

In re Eugene Douglas BURKHART and June Audrey Burkhart, Debtors. Eugene Douglas BURKHART and June Audrey Burkhart, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Indian Springs State Bank, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided March 30, 1988.


Attorney(s) appearing for the Case

Steven M. Dickson, Dickson & Pope, P.A., Topeka, Kan., for appellants.

Michael A. Rump, Morrison, Hecker, Curtis, Kuder, & Parrish, Overland Park, Kan., for appellees.

Before MEYERS, JONES and VOLINN, Bankruptcy Judges.


OPINION

MEYERS, Bankruptcy Judge:

I

Appellants, Eugene and June Burkhart, filed their Chapter 7 petition after Indian Springs State Bank ("Bank") called their $50,000 note. The Bank subsequently became insolvent and the Federal Deposit Insurance Corporation ("FDIC") was appointed its receiver. The FDIC brought a complaint to determine the dischargeability of the Burkharts' debt pursuant to Sections 523(a)(2)(A) and 523(a)(2)(B) of the Bankruptcy...

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