Heeter v. Birt (In Re Birt)

OPINION AND ORDER EXCEPTING DEBT FROM DISCHARGE

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court upon the adversary complaint (the “Complaint”) of Blaine F. Heeter (“BFH”), Frances Heeter (“Frances”) and Blaine Heeter, II (“BH2”) to except the debt of David M. Birt (“Birt”) from discharge under 11 U.S.C. § 523(a). The Court finds that the Complaint is well taken and that Birt is liable to BFH and Frances in the amount of $10,000.00 for Birt’s debt which arose from his receipt of a check in the amount of $10,000.00 from BFH and Frances on July 27, 1990 (the “Check”). The…