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IN RE SMITH

Bankruptcy No. 01-24320-BM. Adversary No. 01-2342-BM.

281 B.R. 613 (2002)

In re Homer Glenn SMITH, Debtor. Lenny D. Porter, Jr., Plaintiff, v. Homer Glenn Smith, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

August 5, 2002.

Attorney(s) appearing for the Case

Dai Rosenblum, Butler, PA, for plaintiff.

Robert W. Koehler, Pittsburgh, PA, for defendant.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Plaintiff Lenny R. Porter seeks a determination that a debt owed to him by debtor Homer G. Smith is excepted from discharge by § 523(a)(2)(A) of the Bankruptcy Code. The debt arises from debtor's refusal to allow plaintiff to harvest timber pursuant to an agreement between them and debtor's subsequent sale of the right to harvest some of the timber to another individual.

Debtor denies...

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