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IN RE MORRELL

Bankruptcy No. SA 97-11910 JR, Adversary No. SA 97-1527 JR.

218 B.R. 87 (1997)

In re Gregory R. MORRELL and Carol H. Morrell, Debtors. Gregory R. MORRELL and Carol H. Morrell, Plaintiffs, v. FRANCHISE TAX BOARD, An Agency of the State of California, Defendant.

United States Bankruptcy Court, C.D. California, Santa Ana Division.

December 19, 1997.

Attorney(s) appearing for the Case

Amanda C. Sommerfeld, Valensi, Rose & Magaram, Los Angeles, CA, for Plaintiffs.

Leslie Branman Smith, Deputy Attorney General, San Diego, CA, for Defendant.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

I. INTRODUCTION

Gregory and Carol Morrell ("Debtors") filed a complaint (the "Complaint") under Bankruptcy Code (the "Code")1 § 523(a)(1) for determination of dischargeability of debt against the Franchise Tax Board ("FTB"), an agency of the State of California. FTB filed a motion (the "Motion") to dismiss the Complaint, alleging that this court lacks jurisdiction...

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