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IN RE O'DONNELL

No. 13-9001.

728 F.3d 41 (2013)

In re David O'DONNELL, Debtor. Thomas A. Toye III, Appellee, v. David O'Donnell, Appellant.

United States Court of Appeals, First Circuit.

August 26, 2013.

Attorney(s) appearing for the Case

James F. Molleur , with whom Molleur Law Office was on brief, for appellant.

Kelly W. McDonald , with whom Murray, Plumb & Murray was on brief, for appellee.

Before TORRUELLA, SELYA and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

Overview

David O'Donnell wants what every debtor in bankruptcy wants — a fresh start. You see, a debtor generally gets a discharge from debts owed at the time he files his bankruptcy petition. See 11 U.S.C. § 727(b). But this fresh-start opportunity is only for "the honest but unfortunate debtor." Grogan v. Garner, 498 U.S. 279, 286-87, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991...

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