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IN RE SILVA

Bankruptcy No. SA 88-02328 JR, Adv. No. SA 90-0563 JR.

125 B.R. 28 (1991)

In re Bradley K. SILVA and Marianne H. Silva, Debtors. JAMES R. BARNARD, D.D.S., INC., Plaintiff, v. Bradley K. SILVA, Defendant.

United States Bankruptcy Court, C.D. California.

February 28, 1991.

Attorney(s) appearing for the Case

Herbert Niermann, Irvine, Cal., for defendant.

James D. Crosby of Muns, Mehalick & Lynn, San Diego, Cal., for plaintiff.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

Betty L. Barnard, widow of James R. Barnard, entered into a contract to sell her deceased husband's dental practice, James R. Barnard, D.D.S., Inc. ("plaintiff") to Bradley K. Silva ("defendant"). Before the contract was signed, defendant and his wife, Marianne H. Silva, filed bankruptcy. Plaintiff received a note for the purchase price of the dental practice. After defendant failed to pay on the note plaintiff...

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