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IN RE HERMES

Bankruptcy No. 05-72249. Adversary No. 05-7141.

340 B.R. 369 (2006)

In re Bradley W. HERMES and Monica L. Hermes, Debtors. William D. Moore, Plaintiff, v. Bradley W. Hermes, Defendant.

United States Bankruptcy Court, C.D. Illinois.

March 29, 2006.

Attorney(s) appearing for the Case

John S. Narmont, Springfield, IL, for Debtors.

OPINION

LARRY LESSEN, Bankruptcy Judge.

The issue before the Court is whether a tenant farmer's payment of his cash rent with a NSF check constitutes a nondischargeable debt pursuant to 11 U.S.C. § 523(a)(4).

The Debtor, Bradley Hermes, and his family have been farming 700 acres of land owned by the Plaintiff, William Moore, since 1994. The Debtor's father was the original tenant, but the Debtor has been farming it for the last few years. There...

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