- 11 U.S.C.
Lindau v. Nelson (In re Nelson)
Nov
24
2006
Ruling
Debtor's failure to refund downpayment on purchase of business for which there was no written contract was due to breach of contract, not fraud, so that debt was dischargeable.
Procedural posture
Defendant debtor appealed from an order of the Bankruptcy Court for the District of Minnesota that excepted from discharge debtor's obligation to plaintiff creditor as fraudulent, pursuant to 11 U.S.C. § 523(a)(2)(A). The issue on appeal was whether the creditor had established, by a preponderance of evidence, all the elements necessary to except from discharge as fraudulent.
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