IN RE LAKE

BAP Nos. NC-96-1049-RHB, NC-96-1103-RHB, Bankruptcy No. 95-10687, Adv. No. 95-1155.

202 B.R. 751 (1996)

In re Kenneth Walter LAKE and Lanore Yvonne Lake, dba Lake & De Angelis, dba Hacienda Resort & Residence Club, dba Frontier Capitola Corp., Debtors. Kenneth Walter LAKE and Lanore Yvonne Lake, Appellants/Cross-Appellees, v. Randall CAPPS and Linda Capps and Norman Davis, Appellees/Cross-Appellants.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 4, 1996.


Attorney(s) appearing for the Case

Michael W. Ahern and Michael C. Fallon, Santa Rosa, CA, for Appellants/Cross-Appellees.

David N. Chandler, Santa Rosa, CA, for Appellees/Cross-Appellants.

Before: RUSSELL, HAGAN and BUFFORD, Bankruptcy Judges.


OPINION

RUSSELL, Bankruptcy Judge:

Several judgment creditors filed a complaint to determine that their state court default judgment for fraud and another alleged debt were nondischargeable pursuant to §§ 523(a)(2)(A), (B) and (a)(6)2. The bankruptcy court gave collateral estoppel effect to the state court judgment and held that the compensatory damages portion of the judgment was nondischargeable, but that the...

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