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IN RE DONAHUE

Bankruptcy No. 94-10482-JEY. Adv. No. 95-1007-JEY.

183 B.R. 666 (1995)

In re Peter and Sylvia DONAHUE d/b/a Madbury Garrison Apts., Debtors. BANK OF NEW HAMPSHIRE, Plaintiff, v. Peter and Sylvia DONAHUE d/b/a Madbury Garrison Apts., Defendants.

United States Bankruptcy Court, D. New Hampshire.

May 10, 1995.

Attorney(s) appearing for the Case

Earl L. Kalil, Jr., Portsmouth, NH, for plaintiff.

Diane M. Puckhaber, Rogers & Puckhaber, Concord, NH, for debtors.

Richard R. Erricola, Trustee, Richard Erricola Co., Inc., Sutton, MA.

ORDER ON SUMMARY JUDGEMENT

JAMES E. YACOS, Chief Judge.

This adversary proceeding came before the Court on May 9, 1995 on a motion for summary judgment filed by the plaintiff and the defendants' objection thereto. The plaintiff is seeking to bar the debtors' discharge in the present bankruptcy case pursuant to 11 U.S.C. § 727(a)(8).

The underlying facts are not in dispute. The debtors filed their first chapter 11 petition on January 16...

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