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IN RE SMITH

BAP No. AZ-98-1883-ABK. Bankruptcy No. 95-06077-PHX-RTB. Adversary No. 96-752.

242 B.R. 694 (1999)

In re James M. SMITH, Debtor. James M. Smith, Appellant, v. Sidney Lachter and Sandra Lachter, Successors to Neepawa Enterprises, Ltd, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 9, 1999.

Attorney(s) appearing for the Case

Ronald J. Ellett, Ronald J. Ellett & Associates, Phoenix, AZ, for James M. Smith.

Lawrence D. Hirsch, Phoenix, AZ, for Sidney and Sandra Lachter.

Before: ALLEY, BRANDT, and KLEIN, Bankruptcy Judges.

OPINION

FRANK R. ALLEY, III, Bankruptcy Judge.

Plaintiffs Sidney and Sandra Lachter filed a complaint objecting to the discharge of their claim pursuant to Code § 523(a)(2)2. The claim had previously been reduced to judgment in a proceeding in the Arizona Superior Court. The Bankruptcy Court entered judgment declaring the debt to be excepted from discharge, and imposed a money judgment for the amount owed. Because we find...

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