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IN RE McCARTHY

Bankruptcy No. 08-28502 EEB. Adversary No. 09-1076 EEB.

421 B.R. 550 (2009)

In re Kevin Fred McCARTHY, Debtor. Colorado East Bank & Trust, Plaintiff, v. Kevin Fred McCarthy, Defendant.

United States Bankruptcy Court, D. Colorado.

November 30, 2009.

Attorney(s) appearing for the Case

Kimberley Haines Tyson, Ireland Stapleton Pryor & Pascoe PC, Denver, CO, for Plaintiff, Colorado East Bank & Trust.

John Turner, Colorado Springs, CO, for Debtor, Kevin Fred McCarthy.

ORDER

ELIZABETH E. BROWN, Bankruptcy Judge.

THIS MATTER comes before the Court on Plaintiff's Complaint, alleging certain loan obligations owed by Debtor to Plaintiff should be nondischargeable under 11 U.S.C. § 523(a)(2)(B). Plaintiff alleges Debtor incurred the obligations through use of a false financial statement. Debtor alleges a counterclaim for willful breach of the automatic stay. Following trial on the matter, the Court finds and concludes...

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