IN RE MODICUE

No. 90-4768 Summary Calendar.

926 F.2d 452 (1991)

In re Larry MODICUE and Wanda Nelson Modicue, Debtors. FRIENDLY FINANCE SERVICE MID-CITY, INC., Appellant, v. Larry MODICUE and Wanda Modicue, Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 1991.


Attorney(s) appearing for the Case

Louis D. Smith, Hayes, Harkey, Smith, Cascio & Mullens, Monroe, La., for appellant.

Catherine L. Stagg, Monroe, La., for appellees.

Before CLARK, Chief Judge, POLITZ and DAVIS, Circuit Judges.


PER CURIAM:

I.

Friendly Finance (Friendly) appeals the district court's judgment affirming the bankruptcy court's determination that only the value of the collateral unlawfully sold by Mr. and Mrs. Modicue, not their total debt to Friendly, was non-dischargeable under 11 U.S.C. § 523(c). We affirm.

II.

Friendly made a loan to Mr. and Mrs. Modicue for which they executed a promissory note and a chattel mortgage securing the note. The...

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