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IN RE KURTZ

Bankruptcy No. 93-48388-S. Adv. No. 93-5295-S.

170 B.R. 596 (1994)

In re Harold George KURTZ, Debtor. Jeanette MONTGOMERY, Plaintiff, v. Harold George KURTZ, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

August 9, 1994.

Attorney(s) appearing for the Case

William Nivan Renwick, Detroit, MI, for plaintiff.

Eric H. Clark, Old Redford, MI, for defendant.

OPINION DENYING MOTION FOR SUMMARY JUDGMENT

WALTER SHAPERO, Bankruptcy Judge.

Background and Facts

On June 23, 1988, Jeanette Montgomery ("Plaintiff") obtained a default judgment against Harold George Kurtz ("Debtor" or "Defendant") in the amount of $34,377.00 in the 46th District Court for the State of Michigan. The state court Complaint alleged Fraud, Misrepresentation, Breach of Contract (Count I) and Negligence (Count II) arising...

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