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IN RE ATTALLA

Bankruptcy No. 92-11924. Adv. No. 92-1148.

176 B.R. 650 (1994)

In re Fred C. ATTALLA and Despina Attalla, Debtors. Charles WINGATE, Jr., and John J. Dagianis, Individually and as Trustees of the Nashua Eye Associates Profit Sharing Trust and Nashua Eye Associates Money Purchase Pension Trust, Plaintiffs, v. Fred C. ATTALLA, Defendant.

United States Bankruptcy Court, D. New Hampshire.

December 16, 1994.

Attorney(s) appearing for the Case

Stuart Holber, Phillips, Gerstein & Holber, Haverhill, MA, for plaintiffs Charles Wingate, Jr. and John J. Dagianis, Individually and as Trustees of the Nashua Eye Associates Profit Sharing Trust and Nashua Eye Associates Money Purchase Pension Trust.

Michael J. Scott, Michels & Michels, Londonderry, NH, for defendant Fred C. Attalla.

Jeffrey Schreiber, Chapter 7 Trustee, Danvers, MA.

Gerri Karonis, Manchester, NH, for U.S. Trustee.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This adversary proceeding was tried before the Court on July 26, 1993 on a complaint by the plaintiffs asserting that certain obligations stemming from their investment in the proposed real estate development project with the debtor are nondischargeable under § 523(a)(2)(A) of the Bankruptcy Code as involving monies advanced and obtained by "false pretenses, a false representation, or actual...

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