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IN RE STANTON

Bankruptcy Nos. 94-13451 B, 95-1075 B.

193 B.R. 408 (1996)

In re Michael L. STANTON and Joelle S. Stanton, f/k/a Joelle S. Buczkowski, Debtors. ROCHESTER COMMUNITY SAVINGS BANK, Plaintiff, v. Michael L. & Joelle S. STANTON, Defendants.

United States Bankruptcy Court, W.D. New York.

March 12, 1996.

Attorney(s) appearing for the Case

Harris Beach & Wilcox (David L. Rasmussen, of counsel), Rochester, New York, for Plaintiff.

Joseph M. Augustine, Buffalo, New York, for Defendants.

CARL L. BUCKI, Bankruptcy Judge.

Countless checks are issued to joint payees every day. In many instances, these checks represent an easy device to assure the application of payment to a proper account or for a desired purpose. The issue in the case at bar is whether money is procured through actual fraud when a debtor circumvents the intention and design of a lender who has issued an instrument to joint payees.

Michael...

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