IN RE McBEE

Bankruptcy No. 91-34241-T, Adv. No. 92-3011-T.

146 B.R. 666 (1992)

In re M. Charles McBEE, Debtor. PATERNO IMPORTS, LTD., an Illinois corporation, Plaintiff, v. M. Charles McBEE, Defendant.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

June 2, 1992.


Attorney(s) appearing for the Case

James S. Crockett, Jr., John R. Sloan, Mays & Valentine, Richmond, Va., for debtor/defendant.

Archie C. Berkley, Berkeley, DeGaetani & Frye, Richmond, Va., for plaintiff.


MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

On January 13, 1992, the plaintiff filed a complaint under Bankruptcy Code Section 523(a)(2) to determine the dischargeability of a debt evidenced by a fraudulent guaranty executed by the defendant in favor of the plaintiff. In his answer debtor denied having any fraudulent intent and subsequently filed a motion for summary judgment claiming that a pre-petition judgment in a case between the parties...

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