IN RE GILMARTIN

Case No. 10-42094-705, Adv. No. 10-04365-399.

In Re: JAMES JOSEPH GILMARTIN and NAWANA MARIA GILMARTIN, Chapter 7, Debtors. LARRY M. BAUER and CHERYL L. BAUER, Plaintiffs, v. JAMES JOSEPH GILMARTIN and NAWANA MARIA GILMARTIN, Defendants.

United States Bankruptcy Court, E.D. Missouri, Eastern Division.

May 17, 2012.


Attorney(s) appearing for the Case

David R. Fondren , St. Louis, MO, ATTORNEY FOR DEFENDANTS.

Leonard W. Buckley, Jr. , St. Louis, MO, ATTORNEY FOR PLAINTIFFS.

James Joseph Gilmartin , Nawana Maria Gilmartin , Dr. Wentzville, MO, DEBTORS/DEFENDANTS.

Joseph L. Bauer , Bauer & Baebler, St. Louis, MO, ATTORNEY FOR PLAINTIFFS.

Charles W. Riske , Attorney at Law, St. Louis, MO, CHAPTER 7 TRUSTEE. Office of the U. S. Trustee, St. Louis, MO.


MEMORANDUM OPINION

BARRY S. SCHERMER, Chief Bankruptcy Judge.

This matter comes before this Court on remand from the Bankruptcy Appellate Panel for the Eighth Circuit (the "BAP") on the complaint of Larry M. Bauer and Cheryl L. Bauer (the "Bauers"), seeking to except debt allegedly owed to them by James Joseph Gilmartin from Mr. Gilmartin's discharge pursuant to section 523(a)(2)(A) of Title 11 of the United States Code (the "Bankruptcy Code"). Based upon...

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