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IN RE McMAHON

Bankruptcy No. 04-77426-PWB, Adversary No. 05-6027-PWB.

356 B.R. 286 (2006)

In re Arthur H. McMAHON, Jr., Debtor. Colorado West Transportation Co., Inc., Plaintiff, v. Arthur H. McMahon, Jr., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

November 29, 2006.

Attorney(s) appearing for the Case

Gus H. Small, Kelly Serene Scarbrough, Cohen Pollock Merlin Axelrod & Small, Atlanta, GA, for Colorado West Transportation Co., Inc.

Mathew A. Schuh, Morris, Schneider & Prior, LLC, Atlanta, GA, for Arthur H. McMahon, Jr.

ORDER

PAUL W. BONAPFEL, Bankruptcy Judge.

The Plaintiff obtained a default judgment against the chapter 7 Debtor (Defendant herein) in a Colorado state court on a fraud claim because the Debtor abandoned defense of the litigation after he lost preliminary dispositive motions. The Plaintiff seeks a determination that the debt is excepted from discharge under 11 U.S.C. § 523(a)(2)(A) due to the Debtor's alleged fraud. (For convenience, the Court uses...

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