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IN RE CRETA

BAP No. RI 01-032.

271 B.R. 214 (2002)

In re Guiseppe Antonio CRETA, Debtor. Gem Ravioli, Inc., Appellant, v. Guiseppe Antonio Creta, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

January 7, 2002.

Attorney(s) appearing for the Case

Michael J. Kiselica, Kiselica Law Firm, Warwick, RI, for Plaintiff-Appellant.

Peter G. Berman, Raskin & Berman, Providence, RI, for Defendant-Appellee.

Before HAINES, DEASY, and KORNREICH, U.S. Bankruptcy Appellate Panel Judges.

PER CURIAM.

Gem Ravioli, Inc. ("Gem Ravioli") appeals the bankruptcy court's order finding the Debtor's obligation to Gem Ravioli dischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). For the reasons outlined below, we vacate the order and remand the case to the bankruptcy court so that it may take action consistent with this opinion.

I. BACKGROUND AND PROCEDURAL HISTORY

On May 30, 1997, James Maddalena, the owner of Gem Ravioli, met...

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