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IN RE WAGNER

BAP No. CO-13-043. Bankruptcy No. 11-10853. Adversary No. 11-01233.

527 B.R. 416 (2015)

In re William Philip WAGNER, Debtor. Martin J. Wagner, Plaintiff-Appellee, v. William Philip Wagner, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 20, 2015.

Attorney(s) appearing for the Case

Thomas M. Mathiowetz, Denver, CO, for Defendant-Appellant.

Laurie Stirman of Stirman Law Office, LLC, Fort Collins, CO, for Plaintiff-Appellee.

Before THURMAN, Chief Judge, CORNISH, and JACOBVITZ, Bankruptcy Judges.

OPINION

This appeal is a cautionary tale about what should be common practice but, unfortunately, is not. Any financial agreement should be formalized by a written document prepared by a lawyer, particularly when the agreement involves loaning money to family or friends. In this case, failure to do just that...

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