Stanshine v. Kalmar (In Re Kalmar)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

Presently before the Court is a complaint brought by the plaintiffs to except from discharge a debt arising out of a transaction where money was advanced to the debtors pursuant to a construction contract. The Court finds that this debt is dischargeable in bankruptcy and the complaint will be denied. 1

On October 22, 1980, plaintiffs, Martin and Sandi Stanshine, executed a written agreement with the debtor, Louis Kalmar, for the latter to construct a fireplace at the plaintiffs’ residence. The contract provided that the total price was to be…