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IN RE TOLER

No. 92-4067.

999 F.2d 140 (1993)

In re Maurice A. TOLER; Patricia J. Toler, Debtors. NEW BOSTON DEVELOPMENT COMPANY, Plaintiff-Appellant, v. Maurice A. TOLER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Mark A. Vander Laan (briefed), Neal D. Baker (briefed), Dinsmore & Shohl, Cincinnati, OH, for plaintiff-appellant.

Marshal D. Cohen (briefed), M. Cohen & Associates, Columbus, OH, for defendant-appellee.

Before: KENNEDY and MARTIN, Circuit Judges; and WISEMAN, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

New Boston Development Company obtained a judgment against Maurice Toler for fraud. Toler and his wife, Patricia Toler, filed a petition for bankruptcy protection on July 24, 1991. On September 27, 1991, Toler's creditors conducted their first meeting.

On October 16, 1991, New Boston mailed a complaint to the bankruptcy court's clerk, Toler, Toler's attorney, and the bankruptcy trustee. The complaint alleged that Toler...

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