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IN RE NOURBAKHSH

BAP No. SC-92-1615-AsRO. Bankruptcy No. 90-05884. Adv. No. 90-90529.

162 B.R. 841 (1994)

In re Emil NOURBAKHSH and Marlene Nourbakhsh, Debtors. Emil NOURBAKHSH, Appellant, v. John GAYDEN, Jr., and Miriam Gayden, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 10, 1994.

Attorney(s) appearing for the Case

Bernard Edwin Galitz, Poway, CA, for debtors/appellant.

Leslie T. Rubin and Jeffry A. Davis, Gray, Cary, Ware & Freidenrich, San Diego, CA, for appellees.

Before ASHLAND, RUSSELL, and OLLASON, Bankruptcy Judges.

OPINION

ASHLAND, Chief Judge:

A creditor who obtained a default judgment in a Florida State Court sued the debtor to determine the nondischargeability of this debt pursuant to 11 U.S.C. § 523(a)(2)(A). The bankruptcy court granted the creditor's motion for summary judgment finding that there were no genuine issues of material fact because of the collateral estoppel effect of the Florida State Court judgment. We affirm.

STATEMENT OF...

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