Davenport v. Fernandez (In Re Davenport)

MEMORANDUM AND CONCLUSIONS

CHARLES J. MARRO, Bankruptcy Judge.

This is an adversary proceeding on the Complaint of the Bankrupt-Plaintiff to determine dischargeability in a reopened case.

In lieu of an evidentiary hearing the parties stipulated as follows:

“1. In a bankruptcy petition filed by the defendant, (sic) Bob B. Davenport, on January 6, 1977, there appears in Schedule A-3 the name of The First National Bank as a creditor as follows:

“2. Said Schedule A-3 lists therein, as set forth in paragraph 1 hereof, the name of Ralph Fernandez of Northfield as a co-signer. Fernandez was, in fact, an…