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IN RE PERKINS

Bankruptcy No. 02-23007, Adversary No. 02-2163.

298 B.R. 778 (2003)

In re Clayton Theo PERKINS, Debtor. The William W. Barney, M.D.P.C. Retirement Fund, Plaintiff, v. Clayton Theo Perkins, Defendant.

United States Bankruptcy Court, D. Utah.

September 16, 2003.

Attorney(s) appearing for the Case

John T. Anderson, Anderson & Karrenberg, Salt Lake City, UT, for The William W. Barney, M.D.P.C. Retirement Fund.

Bret A. Gardner, Blackburn & Stoll, Salt Lake City, UT, for Clayton Theo Perkins.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JUDITH A. BOULDEN, Bankruptcy Judge.

This matter is under advisement after trial of creditor William W. Barney, M.D.P.C. Retirement Fund's (the Fund) complaint seeking to declare as nondischargeable a debt owed by the Debtor, Clayton Theo Perkins, to the Fund, pursuant to 11 U.S.C. § 523(a)(2)(A).1 The Fund claims the Debtor incurred a debt to the Fund by soliciting, receiving and...

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