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IN RE SHIVER

Bankruptcy No. 07-11501 (MG). Adversary No. 07-03070 (MG).

396 B.R. 110 (2008)

In re Robert SHIVER, Debtor. Edward Wharton and, Janet Geismar, Plaintiffs, v. Robert Shiver, Defendant.

United States Bankruptcy Court, S.D. New York.

November 5, 2008.

Attorney(s) appearing for the Case

Donald Pearce, Esq., by Donald Pearce, New York, NY, for the Plaintiff.

Shapiro & Croland, by John P. DiIorio, Hackensack, NJ, for the Defendant.

MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS AND CROSS MOTIONS FOR SUMMARY JUDGMENT

MARTIN GLENN, Bankruptcy Judge.

This denial of discharge adversary proceeding brought by two judgment creditors, Edward Wharton and Janet Geismar (collectively "Plaintiffs"), against the chapter 7 debtor, Robert Shiver ("Shiver" or "Debtor" or "Defendant"), raises the issue of the preclusive effect of a $3,013,000 Florida state court default judgment for fraud against...

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