IN RE ECKERT

Bankruptcy No. 97-31509, Adversary No. 97-917.

221 B.R. 40 (1998)

In re Edward D. ECKERT, M.D. a/k/a Edward D. Eckert, Debtor. FLEMING COMPANIES, INC. d/b/a Fleming Foods, Inc. successor by merger to Malone & Hyde, Inc., Plaintiff, v. Edward David ECKERT, Defendant.

United States Bankruptcy Court, S.D. Florida.

April 16, 1998.


Attorney(s) appearing for the Case

Lynn M. Gollin, Miami, FL, for Fleming Companies, Inc.

Michael Bakst, West Palm Beach, FL, for Edward D. Eckert.


OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether a debt for $2.4 million should be determined to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B) because of a false financial statement.

The Plaintiff, Fleming Companies, Inc., is a full-line wholesale supplier of food, grocery, and related products to the retail trade. It is the successor in interest by merger to Malone & Hyde, Inc.

The Debtor...

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