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IN RE BERK

No. 71 B 587.

356 F.Supp. 453 (1973)

In the Matter of Robert M. BERK, Bankrupt.

United States District Court, E. D. New York.

April 2, 1973.

Attorney(s) appearing for the Case

Jaspan & Kaplan by Arthur W. Jaspan, Mineola, N. Y., for bankrupt.

Arthur L. Webber by Ernst L. Bendix, New York City, for creditor.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This is a petition by the bankrupt to review a referee's determination that a personal bank loan owed by the bankrupt is not dischargeable. Discharge was denied because of petitioner's failure to mention on the loan application the existence of a $75,000 second mortgage on his $80,000 house which he had given as security for repayment of an obligation incurred by a family corporation.

The sole issue in...

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