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IN RE GALAN

Bankruptcy No. 10-40013-JDP. Adversary No. 10-08036.

455 B.R. 214 (2011)

In re Gloria GALAN and Julio I. Silva, Debtors. Shyloh Masuo and Joshua Becker, Plaintiffs, v. Gloria Galan and Julio I. Silva, Defendants.

United States Bankruptcy Court, D. Idaho.

July 27, 2011.

Attorney(s) appearing for the Case

David M. Fogg , Fogg Law, Eagle, ID, for Plaintiffs.

James C. Meservy , Williams, Meservy & Lothspeich, LLP, Jerome, ID, for Defendant Gloria Galan.

Seth C. Platts Roy , Neilson, Barini-Garcia & Platts, Twin Falls, ID, for Defendant Julio Silva.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

This litigation arises out of a tragedy.

During fourteen-month-old "B.B.'s" second day at Happy Feet Day Care, he was found asphyxiated during nap time. B.B.'s parents, Shyloh Masuo and Joshua Becker ("Creditors"), later filed a state court action against Gloria Galan ("Debtor"), the owner and operator of Happy Feet, and were awarded $1,267,815.83 in damages in a default...

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