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GOGUEN v. SHARFARZ

BAP No. MW 10-074. Bankruptcy No. 09-42550-MSH. Adversary No. 09-04158-MSH.

453 B.R. 452 (2011)

Peter J. GOGUEN, Debtor. David M. Sharfarz, Plaintiff-Appellee, v. Peter J. Goguen, Defendant-Appellant.

United States Bankruptcy Appellate Panel, for the First Circuit.

July 21, 2011.

Attorney(s) appearing for the Case

Paul R. Chomko, Esq., on brief, Water-town M.A, for Defendant-Appellant.

Stephen F. Gordon, Esq., Todd B. Gordon, Esq., and Ashley S. Whyman, Esq., on brief, Boston, MA, for Plaintiff-Appellee.

Before VOTOLATO, KORNREICH, and TESTER, United States Bankruptcy Appellate Panel Judges.

PER CURIAM.

Peter J. Goguen ("Goguen") appeals from a bankruptcy court determination excepting the claim of David M. Sharfarz ("Sharfarz") from discharge under § 523(a)(2)(A).1 For the reasons discussed below, we REVERSE the order of the bankruptcy court.

BACKGROUND

A. Pre-Petition Events

In 2006, Sharfarz moved from Alaska to Acton, Massachusetts with his 14-year-old son, and he purchased...

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