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IN RE HOUGH

BAP No. ID-99-1092-BRP. Bankruptcy No. 98-01101. Adversary No. 98-6172.

239 B.R. 412 (1999)

In re William Oren HOUGH, Jr., and Barbara Irene Hough, Debtors. Barbara Irene Hough, Appellant, v. Robert A. Fry and Elizabeth G. Fry, dba Gem Physical Therapy Clinic; and Chip Sands, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 10, 1999.

Attorney(s) appearing for the Case

Jake W. Peterson, Boise, ID, for Barbara Irene Hough.

Cathleen M. Morgan, Quane, Smith, Howard & Hull, Boise, ID, for Robert A. Fry and Elizabeth G. Fry.

Before: BRANDT, RUSSELL, and PERRIS, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

The bankruptcy court granted appellees' motion for summary judgment, declaring appellant's debt for fees and costs awarded to appellees in state court litigation excepted from discharge under § 523(a)(17)2. This appeal followed. We REVERSE and REMAND.

I. FACTS

These facts are taken essentially verbatim from the bankruptcy court's published decision, Fry v. Hough (In...

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