IN RE McCUTCHEON

Bankruptcy No. 09-90865-MHM. Adversary No. 10-6226.

448 B.R. 863 (2011)

In re James G. McCUTCHEON, Debtor. Donald F. Walton, U.S. Trustee, Plaintiff, v. James G. McCutcheon, Defendant.

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

April 7, 2011.


Attorney(s) appearing for the Case

R. Jeneane Treace , Office of the United States Trustee, Atlanta, GA, for Plaintiff.

William T. Payne , Decatur, GA, for Defendant.


ORDER GRANTING SUMMARY JUDGMENT

MARGARET H. MURPHY, Bankruptcy Judge.

In this adversary proceeding, the United States Trustee ("Trustee") seeks a determination that the debts in Debtor's current bankruptcy case should be determined nondischargeable under § 523(a)(10) because they are the same debts listed by Debtor in a prior case in which Debtor waived his discharge. As the facts are essentially undisputed, Trustee filed a motion for summary judgment...

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