Karton

FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND JUDGMENT

The above-captioned adversary proceeding came on for trial before me on January 30, 2002. Jeffrey C. Krause, a member of Stutman, Treister & Glatt Professional Corporation, appeared on behalf of Plaintiff, David S. Karton, a Law Corporation (“Karton”). Jeffrey Hagen, a member of Hagen & Hagen, appeared on behalf of defendant, Dr. William Russell Dougherty (“the Debtor”). Having considered the arguments of counsel, the evidence submitted prior to the trial, the testimony at trial, and this court’s records in the above-captioned case under Title 11 and the above-captioned adversary proceeding, and good cause appearing,

NOW, THEREFORE, I make the following findings of fact and conclusions of law:

Findings of Fact

1. The Debtor is the debtor in the above-captioned case under chapter 7. The Debtor commenced this case under Title 11 by filing a voluntary chapter 13 petition on October 4, 1999 (the “Petition Date”). The Debtor converted his case from a case under chapter 13 to a case under chapter 7 on April 12, 2000 (the “Conversion Date”).

2. Karton is a creditor of the Debtor and obtained the entry of a superior court default…