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IN RE TOMEI

No. CIV-81-888B(E).

24 B.R. 204 (1982)

In re Albert TOMEI, Debtor. LINCOLN FIRST BANK, N.A., Plaintiff, v. Albert TOMEI, Defendant.

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

October 19, 1982.

Attorney(s) appearing for the Case

D. Bruce Kratz, Rochester, N.Y., for plaintiff.

Michael J. Wojick, Rochester, N.Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Lincoln First Bank, N.A. ("Lincoln") appeals from an order of the Bankruptcy Court which directed that an obligation owing from the debtor to Lincoln is dischargeable. Lincoln claims that the debt is not dischargeable because it was obtained by use of a false financial statement. See, 11 U.S.C. § 523(a)(2)(B). For the reasons set out below, I am reversing the Bankruptcy Court's order.

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