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IN RE CARP

No. 02-2323.

340 F.3d 15 (2003)

In re Joan E. CARP, Debtor. Richard W. Gannett, Plaintiff, Appellant, v. Joan E. Carp, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 18, 2003.

Attorney(s) appearing for the Case

Stephanie L. Moon, with whom Richard W. Gannett and Gannett & Associates were on brief, for appellant.

Richard S. Hackel, for appellee.

Before SELYA, Circuit Judge, STAPLETON and BALDOCK, Senior Circuit Judges.

SELYA, Circuit Judge.

This appeal arises out of a creditor's quest to block a debtor's discharge in bankruptcy. The bankruptcy court declined to default or sanction the debtor for claiming her Fifth Amendment privilege against self-incrimination, determined that she had not transgressed the strictures of 11 U.S.C. § 727(a), and granted the discharge. The district court affirmed these rulings, and the creditor now appeals.

We agree with the creditor that...

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