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IN RE MARKS

Bankruptcy No. 91-7113-9P7. Adv. No. 95-296.

195 B.R. 943 (1996)

In re James A. MARKS and Peggy E. Marks, Debtors. James A. MARKS and Peggy E. Marks, Plaintiffs, v. FIRSTAR TRUST COMPANY and The Cincinnati Insurance Company, Defendants.

United States Bankruptcy Court, M.D. Florida, Ft. Myers Division.

February 20, 1996.

Attorney(s) appearing for the Case

Jeffrey W. Leasure, Ft. Myers, FL, for Plaintiffs.

Frederick R. Hardt, Naples, FL, for Defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 case and the matter under consideration is a claim that the debt owed by James A. Marks and Peggy E. Marks (Debtors) should be discharged in bankruptcy and not exempted from the discharge based on § 523(a)(3) of the Code. The claim asserted in the Complaint filed by the Debtors is against Firstar Trust Company (Firstar) and the Cincinnati...

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