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IN RE HOWARTER

BAP No. SC-89-1165 VMoP, Bankruptcy No. 85-00557, Adv. No. C85-0829 MINV7.

114 B.R. 682 (1990)

In re Lanny R. HOWARTER, Debtor. Fred COOKE, Appellant, v. Lanny R. HOWARTER, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 18, 1990.

Attorney(s) appearing for the Case

Steven L. Klein, San Diego, Cal., for appellant Fred Cooke.

William A. Smelko, San Diego, Cal., for appellee Lanny R. Howarter.

Before VOLINN, MOOREMAN and PERRIS, Bankruptcy Judges.

AMENDED OPINION

VOLINN, Bankruptcy Judge:

Creditor Fred Cooke (Cooke) appeals an adverse judgment in a dischargeability case, specifically challenging the court's conclusion that a creditor, to establish non-dischargeability under 11 U.S.C. § 523(a)(2)(A), must prove that his reliance on the debtor's misrepresentations was reasonable. We AFFIRM.

FACTS

The following account of the factual background is based upon the facts stipulated...

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