IN RE GERLACH

No. 87-2118.

897 F.2d 1048 (1990)

In re R. Clare GERLACH and Lois F. Gerlach, Debtors. JOHN DEERE COMPANY, Plaintiff-Appellant, v. R. Clare GERLACH and Lois F. Gerlach, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 7, 1990.


Attorney(s) appearing for the Case

John S. Finn of Nelson & Harding, Denver, Colo., for plaintiff-appellant.

Michael J. Guyerson of Rothgerber, Appel, Powers & Johnson, Denver, Colo., for defendants-appellees.

Before LOGAN, SETH and TACHA, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiff John Deere Company sought a determination in the bankruptcy court that the debt owed it by defendant R. Clare Gerlach is not dischargeable in the bankruptcy of defendant and his wife because it was procured through fraud. The bankruptcy court held that the entire debt is dischargeable, and the district court affirmed. We reverse and remand for a determination of the amount of the debt that is not dischargeable.

In 1977, defendant...

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