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IN RE GILMARTIN

BAP No. 11-6014.

459 B.R. 720 (2011)

In re James Joseph GILMARTIN; Nawana Maria Gilmartin, Debtors. Larry M. Bauer; Cheryl L. Bauer, Plaintiffs-Appellants, v. James Joseph Gilmartin; Nawana Maria Gilmartin, Defendants-Appellees.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided: November 16, 2011.

Attorney(s) appearing for the Case

Joseph Louis Bauer, Jr. , argued, St. Louis, MO, for appellant.

David R. Fondren , argued, St. Louis, MO, for appellee.

Before KRESSEL, Chief Judge, FEDERMAN and SALADINO, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

This is an action for nondischargeability. Larry and Cheryl Bauer appeal from the Judgment of the Bankruptcy Court finding that they failed to prove that they were damaged as the result of fraud allegedly committed by Debtor James Gilmartin. For the reasons that follow, we REVERSE AND REMAND.

PROCEDURAL BACKGROUND

The Bauers filed an adversary complaint against the Gilmartins in their bankruptcy case, seeking a determination...

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