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IN RE JOHNSON

BAP No. UT-11-105. Bankruptcy No. 08-28292. Adversary No. 09-02214.

477 B.R. 156 (2012)

In re Alan Denoil JOHNSON and Shelley Coon Johnson, Debtor. DSC National Properties, LLC, Plaintiff-Appellee, v. Alan Denoil Johnson, Defendant-Appellant, and Shelley Coon Johnson, Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

August 15, 2012.

Attorney(s) appearing for the Case

Joe Cartwright of Cartwright Law Firm, P.C., Salt Lake City, Utah, for Defendant-Appellant.

Joseph M.R. Covey ( Miriah R. Elliott with him on the brief) of Parr Brown Gee & Loveless, Salt Lake City, Utah, for Plaintiff-Appellee.

Before BROWN, RASURE, and SOMERS, Bankruptcy Judges.

OPINION

RASURE, Bankruptcy Judge.

Appellant/Debtor Alan Denoil Johnson ("Johnson") appeals the Final Judgment and Order ("Judgment") excepting from discharge, under 11 U.S.C. § 523(a)(2)(A),1 the debt owed to Appellee/Creditor DSC National Properties, LLC ("DSC"). Because we conclude that the bankruptcy court erred in determining that Johnson intended to deceive DSC, we REVERSE.

I. BACKGROUND

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