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IN RE ROSS

Bankruptcy No. 11-30812. Adversary No. 11-03147.

478 B.R. 715 (2012)

In re Jeffrey C. ROSS, Sr., Debtor. Day Care-Sam Furr, LLC and Carol McKinnell, Plaintiffs, v. Jeffrey C. Ross, Sr., Defendant.

United States Bankruptcy Court, W.D. North Carolina, Charlotte Division.

September 11, 2012.

Attorney(s) appearing for the Case

Richard B. Fennell , James, McElroy & Diehl, PA, Charlotte, NC, for Plaintiffs.

Dennis M. O'Dea , SFS Law Group, Matthews, NC, for Defendant.

MEMORANDUM OF DECISION

J. CRAIG WHITLEY, Bankruptcy Judge.

In this action Plaintiffs Day Care-Sam Furr, LLC ("Day Care") and Carol McKinnell ("McKinnell") (collectively "Plaintiffs") seek to establish a debt owed them by Defendant/Debtor Jeffrey C. Ross, Sr. ("Ross") and further, to obtain a declaration that the obligation is non-dischargeable in bankruptcy under Section 523(a)(2) (false pretenses, false representations and fraud), Section 523(a)(4) (fiduciary...

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