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IN RE McKENZIE

Bankruptcy No. 85-00350, Complaint No. 85-0191.

57 B.R. 42 (1985)

In re C.R. McKENZIE and Eva Ruth McKenzie, Debtors. The CITIZENS BANK, Plaintiff, v. C.R. McKENZIE and Eva Ruth McKenzie, Defendants.

United States Bankruptcy Court, D. South Carolina.

September 24, 1985.

Attorney(s) appearing for the Case

Wayne S. Gamble, III, Law Offices of Samuel J. Abrams, Sumter, S.C., for plaintiff.

George G. Reaves, Reaves & Moore, Florence, S.C., for debtors/defendants.

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

In this adversary proceeding, The Citizens Bank, seeks the denial of a discharge to the debtor, pursuant to 11 U.S.C. § 523(a)(2), on account of the debtors' indebtedness to the bank as shown on proof of claim number 3 filed herein by the bank. Counsel for the defendants (the debtors in possession) moved for a dismissal of the adversary proceeding on the ground that the Summons and Complaint were...

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