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IN RE MERCADO

Bankruptcy No. SA 90-01096 JR, Adv. No. SA 90-0553 JR.

144 B.R. 879 (1992)

In re Albert and Lilia MERCADO, Debtors. JOKAY COMPANY, a California Limited Partnership, Plaintiff, v. Albert MERCADO; Lilia Mercado, Defendants.

United States Bankruptcy Court, C.D. California.

September 3, 1992.

Attorney(s) appearing for the Case

Dennis Winters, Santa Ana, Cal., for debtors.

Steven G. Harman, Anaheim, Cal., for plaintiff.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

Chapter 11 debtor, Albert Mercado ("Debtor"), moves for a new trial on the grounds that this court misapplied the law in ruling that Jokay Company's ("Plaintiff") claim is nondischargeable. Debtor's argument is two-fold: first, that this court should have applied Bankruptcy Code § 523(a)(2)(B) instead of § 523(a)(2)(A) in deciding the issue of dischargeability, and second, that under Federal Rule...

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