James R. Barnard, D.D.S., Inc. v. Silva (In Re Silva)

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

Betty L. Barnard, widow of James R. Barnard, entered into a contract to sell her deceased husband’s dental practice, James R. Barnard, D.D.S., Inc. (“plaintiff”) to Bradley K. Silva (“defendant”). Before the contract was signed, defendant and his wife, Marianne H. Silva, filed bankruptcy. Plaintiff received a note for the purchase price of the dental practice. After defendant failed to pay on the note plaintiff learned that debtor had filed this case. Subsequently, plaintiff filed a complaint to have the note obligation found nondis-chargeable…