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IN RE LEMKE

BAP No. CO-09-019. Bankruptcy No. 07-17249 HRT. Adversary No. 07-01658 HRT.

423 B.R. 917 (2010)

In re Michael J. LEMKE, formerly doing business as Twin Peaks Construction, and Chelsey J. Lemke, Debtors. Robert D. Copper, Plaintiff-Appellant, v. Michael J. Lemke and Chelsey J. Lemke, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 24, 2010.

Attorney(s) appearing for the Case

Dennis Love, Fort Collins, CO (Ken McCartney, The Law Offices of Ken McCartney, P.C., Cheyenne, WY, on the brief), for Appellant.

Todd R. Wagner, Wagner Law Office, P.C., Centennial, CO, for Appellees.

Before CORNISH, Chief Judge, BOHANON, and NUGENT, Bankruptcy Judges.

OPINION

BOHANON, Bankruptcy Judge.

Appellant Robert D. Copper ("Copper") appeals the bankruptcy court's judgment that the debt owed to him by the Debtors is dischargeable under 11 U.S.C. § 523(a)(2)(A).1 Following a trial on the merits, the bankruptcy court held that Copper failed to meet his burden of proof as to each element of § 523(a)(2)(A) and concluded that the debt owed to him was dischargeable. In this appeal...

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