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IN RE THOMAS

Bankruptcy No. 98-51505 SAS. Adversary No. 99-5624 TS.

255 B.R. 648 (2000)

In re James H. THOMAS, Debtor. Robert Cormack, P.E., Esq., Plaintiff, v. James H. Thomas, d/b/a Thomas and Sons Contractors, d/b/a Pine Tree Building Supplies, Defendant.

United States Bankruptcy Court, D. New Jersey.

December 4, 2000.

Attorney(s) appearing for the Case

Robert Cormack, P.E., Lakewood, NJ, Plaintiff Pro Se.

Monica E. Robertson, Brick, NJ, for Defendant.

MEMORANDUM OPINION

Stephen A. Stripp, Bankruptcy Judge.

This is the court's decision on a motion for summary judgment by defendant James H. Thomas.1 Plaintiff Robert Cormack opposes the motion. The motion argues that there are no genuine issues of material fact as to Cormack's cause of action on Thomas's alleged fraud under section 523(a)(2)(A) and defalcation while acting in a fiduciary capacity under section 523(a)(4...

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