IN RE NEAL

BAP No. SC-89-1380-VJAs, Bankruptcy No. 87-08793-H7, Adv. No. C88-0109-H7.

113 B.R. 607 (1990)

In re Gary Lawrence NEAL, Debtor. AETNA FINANCE COMPANY, a Delaware corporation, d/b/a ITT Financial Services, Appellant, v. Gary Lawrence NEAL, a/k/a Gary L. Neal, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 9, 1990.


Attorney(s) appearing for the Case

Jerry Michael Suppa, San Diego, Cal., for Aetna Finance Co., et al., appellant.

Gary Lawrence Neal, Escondido, Cal., in pro per.

Before VOLINN, JONES and ASHLAND, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge:

FACTUAL AND PROCEDURAL BACKGROUND

On November 5, 1987, the debtor borrowed $2,390.75 from the appellant Aetna Finance Company, dba ITT Financial Services ("ITT"). Twenty-nine days later the debtor filed the petition in this bankruptcy case. ITT filed a timely complaint objecting to discharge under 11 U.S.C. § 523(a)(2)(C),1 implicitly alleging that the

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