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IN RE HEARN

Bankruptcy No. 94-10325. Adv. No. 94-1051.

174 B.R. 679 (1994)

In re Richard E. HEARN, Debtor. Richard E. HEARN, Plaintiff, v. MARK H. WENTWORTH HOME FOR CHRONIC INVALIDS, Defendant.

United States Bankruptcy Court, D. Vermont.

November 16, 1994.

Attorney(s) appearing for the Case

Lisman & Lisman, Burlington, VT, for Richard E. Hearn ("Hearn").

Wilson Powell Lang & Faris, Burlington, VT, for Mark H. Wentworth Home For Chronic Invalids ("Wentworth").

MEMORANDUM OF DECISION ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT

FRANCIS G. CONRAD, Bankruptcy Judge.

This adversary proceeding1 involves a Chapter 11 debtor who borrowed funds from a lender who was not licensed under statute to lend by the State of Vermont. Hearn seeks to avoid the loan. Wentworth, an assignee of the original promissory note, opposes. Both parties filed Rule 56 motions. At hearing, we denied summary judgment...

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