IN RE KUKUK

BAP No. WO-98-018, Bankruptcy No. 97-13863, Adversary No. 97-1187.

225 B.R. 778 (1998)

In re Robert L. KUKUK, also known as Robbie Kukuk, and Dava Beth Kukuk, Debtors. CHEVY CHASE BANK FSB, Plaintiff-Appellee, v. Robert L. KUKUK, Defendant-Appellant, Dava Beth Kukuk, Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

October 20, 1998.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Carolyn S. Smith, Ponca City, Oklahoma, on the brief, for Defendant-Appellant.

Robert H. Tips of Tips & Gibson, Tulsa, Oklahoma, on the brief, for Plaintiff-Appellee.

Before CLARK, PEARSON, and ROBINSON, Bankruptcy Judges.


OPINION

CLARK, Bankruptcy Judge.

Robert L. Kukuk, one of the debtors in this chapter 7 case ("Kukuk"), appeals a judgment of the United States Bankruptcy Court for the Western District of Oklahoma finding a portion of his credit card debt to Chevy Chase Bank FSB ("Bank") to be non-dischargeable under 11 U.S.C. § 523(a)(2)(A). For the reasons set forth below, the judgment of the bankruptcy court is REVERSED, and the matter is REMANDED for a decision...

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