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IN RE FRANKLIN

BAP No. CC-87-1224, JMoV, Bankruptcy No. SA-84-05072 (PE), Adv. No. SA-85-0224.

87 B.R. 93 (1988)

In re Gus Kit FRANKLIN, a/k/a Gus Franklin, Gus K. Franklin, d/b/a Allied Tree Company, Allied Enterprises, Inc., Allied Tree and Lawn Service and Susan Franklin, Debtors. COMMONWEALTH FINANCIAL CORPORATION, Plaintiff/Appellant, v. Gus Kit FRANKLIN, a/k/a Gus Franklin, Gus K. Franklin, d/b/a Allied Tree Company, Allied Enterprises, Inc., Allied Tree and Lawn Service and Susan Franklin, Defendants/Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 6, 1988.

Attorney(s) appearing for the Case

John A. Belcher, Richards, Watson & Gershon, Los Angeles, Cal., for plaintiff/appellant.

Andrew K. Mauthe, Speers, Dana, Teal & Balfour, Costa Mesa, Cal., for defendants/appellees.

Before JONES, MOOREMAN and VOLINN, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

The creditor, Commonwealth Financial Corporation, appeals a bankruptcy court order granting summary judgment in favor of the Debtor, Gus Kit Franklin, dismissing Commonwealth's nondischargeability complaint. We REVERSE.

FACTS

Over the course of 1981 and 1982 the Appellant, Commonwealth Financial Corporation, loaned the Debtor, Gus Franklin, d/b/a Allied Tree Enterprises, approximately $580,000. Pursuant...

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