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IN RE GAMBOA

Bankruptcy No. 07-23984 EEB. Adversary No. 08-01215 EEB.

400 B.R. 784 (2008)

In re Jose Natalio GAMBOA, Debtor. ASCI Readi-Mix and Asphalt Specialties, Co., Inc., Plaintiffs, v. Jose Natalio Gamboa, Defendant.

United States Bankruptcy Court, D. Colorado.

December 16, 2008.

Attorney(s) appearing for the Case

Frank L. DiSante, Littleton, CO, for Debtor.

ORDER

ELIZABETH E. BROWN, Bankruptcy Judge.

THIS MATTER, comes before the Court on the Plaintiffs' Complaint, objecting to the dischargeability of their debts under 11 U.S.C. § 523(a)(4) due to an alleged violation of Colorado's construction trust fund statute, Colo.Rev.Stat. § 38-22-127. Following trial, the Court hereby FINDS and CONCLUDES:

I. Background

From 2000 to 2008, XC Construction, LLC ("XC") was engaged in the...

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