- 11 U.S.C.
National Bank v. White (In re White)
Dec
23
2010
Ruling
State court fraud judgment was nondischargeable subject to relitigation of amount.
Procedural posture
Plaintiff creditor filed a two-count nondischargeability complaint against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6) for damages arising out of a check delivered by the debtor that was returned for insufficient funds. The debtor counterclaimed, alleging that it was the creditor's practice to cover overdrafts. The creditor moved for summary judgment on its § 523(a)(2)(A) count and on the counterclaim.
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Court
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