MELTON v. MOORE

No. 91-35080.

964 F.2d 880 (1992)

Pat MELTON; Bonnie Melton, a marital community, Plaintiffs-Appellants, v. Floyd Randall MOORE, aka F. Randall Moore, aka Randy Moore, dba Randy's Automotive, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1992.

Opinion withdrawn February 24, 1992.

Resubmitted April 27, 1992.

Filed May 15, 1992.


Attorney(s) appearing for the Case

John K. Davis, Weinstein, Hacker & Matthews, Seattle, Wash., for plaintiffs-appellants.

Stephen K. Kortemeier, Loucks & Lamb, Seattle, Wash., for defendant-appellee.

Before: WRIGHT, THOMPSON and T.G. NELSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

In Grogan v. Garner, ___ U.S. ___, 111 S.Ct. 654, 661, 112 L.Ed.2d 755 (1991), the Supreme Court held that the standard of proof for the dischargeability exceptions contained in section 523(a) of the Bankruptcy Code is the ordinary preponderance of the evidence standard, rather than the clear and convincing standard. In this appeal, we decide whether we should apply the preponderance of the evidence standard retroactively....

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