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IN RE EMERSON

Bankruptcy No. 97-10318-JMD. Adversary Nos. 97-1095-JMD, 99-1006-JMD.

244 B.R. 1 (1999)

In re Alan D. EMERSON and Brenda E. Emerson, Debtors. Jeffrey A. Schreiber, Chapter 7 Trustee, Plaintiff, v. Alan D. Emerson and Brenda E. Emerson, Defendants. Jeffrey A. Schreiber, Chapter 7 Trustee, Plaintiff, v. William H. Stephenson and John W. Stephenson, Defendants.

United States Bankruptcy Court, D. New Hampshire.

October 26, 1999.

Attorney(s) appearing for the Case

Randall L. Pratt, Law Offices of Steven Slovenski, Portsmouth, NH, for Jeffrey A. Schreiber, Chapter 7 Trustee.

Michael Burke, Law Office of Gregg M. Lewis, Laconia, NH, for Alan D. and Brenda E. Emerson.

John Rogers, Meredith, NH, for William H. and John W. Stephenson.

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. INTRODUCTION

Alan Emerson ("Emerson") and his wife Brenda Emerson (collectively the "Debtors") filed Chapter 7 bankruptcy on January 31, 1997. Jeffrey Schreiber, the Chapter 7 Trustee (the "Trustee"), brought suit against the Debtors in four counts seeking to deny the Debtors their discharge under 11 U.S.C. § 727 (Adv. No. 97-1095-JMD) (the "Emerson Complaint"). In...

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