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In Re Arthur R. Miller and Janet E. Miller, Debtors. Equitable Bank v. Arthur R. Miller, and Janet E. Miller

Court of Appeals for the Eleventh Circuit

Decided December 5, 1994No. 93-4933PublishedCited by 286 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

Appellants Dr. Arthur Miller and Janet Miller, husband and wife, appeal from the district court’s ruling that their debt to ap-pellee Equitable Bank was non-dischargeable in bankruptcy. For the reasons stated below, we REVERSE and REMAND.

I

Soon after appellee Equitable Bank commenced operation in 1987, one of its vice-presidents contacted appellant Dr. Arthur Miller and convinced him to begin a financial relationship with the bank. At that time, Miller, a radiologist by profession, had substantial real estate holdings as well as an ownership interest in several…

2Cases cited20 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  3. In the Matter of Michael VAN HORNE. Margaret CASPERS, Appellee, v. Michael VAN HORNE, AppellantCourt of Appeals for the Eighth Circuit · 1987
  4. In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
  5. Wegner v. GrunewaldtCourt of Appeals for the Eighth Circuit · 1987

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3Cited by286 opinions

  1. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  2. In Re Keith WALKER, Debtor. Frank B. HOPE, Plaintiff-Appellant, v. Keith WALKER, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1995
  3. In Re Guy Benny Brown, Debtor. Ronald D. Gullickson v. Guy Benny BrownCourt of Appeals for the Tenth Circuit · 1997
  4. In the Matter of John E. Mayer and Deborah Mayer, Debtors-Appellants v. Spanel International Ltd. And Bank One-Rockford, N.A., Creditors-AppelleesCourt of Appeals for the Seventh Circuit · 1995
  5. In Re: Leroy Charles Griffith, Debtor. Leroy Charles Griffith v. United StatesCourt of Appeals for the Eleventh Circuit · 2000

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