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IN RE SCHULTZ

Bankruptcy Nos. 79-01939, 79-01940, Adv. Nos. 79-0006, 79-0007.

9 B.R. 35 (1980)

In re Regina SCHULTZ, Kenneth Gray, Debtors. BUILDING TRADES UNITED PENSION TRUST FUND — Milwaukee & Vicinity, Carpenters District Council Welfare Fund, Carpenters District Council Vacation Fund, and Carpenters Joint Apprenticeship Program, Plaintiffs, v. Regina SCHULTZ and Kenneth Gray, Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

October 7, 1980.

Attorney(s) appearing for the Case

Bernard O. Westler, Milwaukee, Wis., for Plaintiffs.

James J. Caldwell, Oconomowoc, Wis., for Defendants.

MEMORANDUM DECISION

C.N. CLEVERT, Bankruptcy Judge.

I.

The issue in this case is whether the discharge of a debt may be denied under 11 U.S.C. § 523(a)(4) because the debtors' contracting businesses failed to make contributions to employee benefit plans as required by binding master labor agreements.

II.

Prior to filing Chapter 7 bankruptcy petitions on October 9, 1979, the debtors were in the carpentry contracting business...

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