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IN RE GAGLE

Bankruptcy No. 97B-28583, Adversary No. 97PB-2386.

230 B.R. 174 (1999)

In re Matthew Scott GAGLE and Lisa Ann Gagle, aka Lisa Ann Ternay, aka Lisa Kotsiris, Debtors. America First Credit Union, a Corporation, Plaintiff, v. Matthew Scott Gagle and Lisa Ann Gagle, aka Lisa Ternay, aka Lisa Kotsiris, Defendants.

United States Bankruptcy Court, D. Utah, Northern Division.

February 8, 1999.

Attorney(s) appearing for the Case

Timothy W. Blackburn, Van Cott, Bagley, Cornwall & McCarthy, Ogden, Utah, for plaintiff.

Brent E. Johns, Ogden, Utah, for defendants.

MEMORANDUM DECISION

JUDITH A. BOULDEN, Bankruptcy Judge.

A $30,000 customized truck was intentionally destroyed by the debtor when, in need of cash, he sold off the truck's parts until nothing of the truck remained. Yet the debtor always intended to, and in fact did, make loan payments to the creditor that had a perfected security interest in the truck, despite the fact the truck had been destroyed. Under these circumstances, did the debtor wilfully and...

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