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IN RE SMITH

Bankruptcy No. 96-93371, Adv. No. 96-9222.

205 B.R. 612 (1997)

In re Dana K. SMITH, Debtor. WOODRUFF, O'HAIR & POSNER, INC., Plaintiff, v. Dana K. SMITH, Defendant.

United States Bankruptcy Court, E.D. California, Modesto Division.

February 25, 1997.

Attorney(s) appearing for the Case

Jeffrey J. Posner of Woodruff, O'Hair & Posner, Sacramento, CA, for plaintiff.

James E. Ganzer of Ganzer & Williams, Stockton, CA, for defendant.

MEMORANDUM DECISION

MICHAEL S. McMANUS, Bankruptcy Judge.

I. Facts

Debtor and defendant Dana K. Smith ("defendant") has moved to dismiss this adversary proceeding pursuant to Fed.R.Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)(6).

On August 27, 1996, defendant filed a petition under chapter 7 of the Bankruptcy Code. Plaintiff Woodruff, O'Hair & Posner, Inc., ("plaintiff") filed a timely complaint objecting to the discharge of the debt...

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