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IN RE SHARP

Bankruptcy No. 87-02027, Adv. No. 88-0271.

119 B.R. 779 (1990)

In re Thomas Wayne SHARP, Sumalee Sharp, Debtors. Marie WATERS, Plaintiff, v. Thomas Wayne SHARP and Sumalee Sharp, Husband and Wife, Defendants.

United States Bankruptcy Court, D. Idaho.

October 2, 1990.

Attorney(s) appearing for the Case

Michael McLaughlin, Mountain Home, Idaho, for plaintiff.

Gale M. Merrick, Marcus, Merrick & Montgomery, Boise, Idaho, for defendants/debtors.

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

JIM D. PAPPAS, Bankruptcy Judge.

Plaintiff moves for a summary judgment in this adversary proceeding seeking a declaration that Defendants' obligation to her was incurred by fraud and is therefore nondischargeable under Section 523(a)(2). Prior to the filing of the bankruptcy, Plaintiff sued Defendants in state court alleging, among other theories, the fraud claim. Defendants denied the claims...

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