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IN RE HATLEY

BAP No. NO-98-047, Bankruptcy No. 97-00985, Adversary No. 97-0204.

227 B.R. 757 (1998)

In re Jerry F. HATLEY, Debtor. Donald SMOLEN, Plaintiff-Appellant, v. Jerry F. HATLEY, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

November 19, 1998.

Attorney(s) appearing for the Case

Mark A. Craige, James R. Hicks, Morrel, West, Saffa, Craige & Hicks, Inc., Tulsa, OK, for Plaintiff-Appellant.

H. Gregory Maddux, Maddux & Maddux, Tulsa, OK, for Defendant-Appellee.

Before McFEELEY, Chief Judge, ROBINSON, and MATHESON, Bankruptcy Judges.

OPINION

ROBINSON, Bankruptcy Judge.

Donald Smolen ("Smolen") appeals from the Bankruptcy Court's Memorandum Opinion holding that the debt owed to Smolen by debtor/defendant Jerry Hatley ("Hatley") is dischargeable. Smolen sought to have the debt declared nondischargeable pursuant to 11 U.S.C. § 523(a)(4).1 For the reasons set forth below, we affirm.

I. Background.

In early 1994, Hatley and Smolen...

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