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IN RE CAREY

BAP No. EC-10-1309-DHKi. Bankruptcy No. 09-31861. Adversary No. 09-02531.

446 B.R. 384 (2011)

In re Robert J. CAREY, Debtor. Charlie Y., Inc., Appellant, v. Robert J. Carey, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 4, 2011.

Attorney(s) appearing for the Case

Elizabeth Shoemaker , San Francisco, CA, for Appellant Charlie Y., Inc.

Kenrick Young , Sacramento, CA, for Appellee Robert J. Carey.

Before: DUNN, HOLLOWELL, and KIRSCHER, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

Following trial of an adversary proceeding ("Adversary Proceeding"), the bankruptcy court excepted from discharge Charlie Y., Inc.'s ("Appellant") claim against Robert J. Carey ("Debtor") for breach of a guarantee obligation in circumstances in which Appellant alleged that the Debtor had made written misrepresentations regarding his financial condition. After a judgment was entered in Appellant's favor for $35,000, Appellant...

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