American Bank of Commerce v. Powell (In re Powell)
Jan
05
2010
Ruling
Debt secured by cattle was dischargeable despite fact that herd consisted of 5000 fewer cattle than earlier represented.
Procedural posture
Plaintiff bank filed a complaint to object to discharge of debtor, an individual who, with his wife (not a party hereto), filed a chapter 7 case, which complaint was based on 11 U.S.C.S. § 523(a)(6) and § 523(a)(2)(A). At issue was whether debtor, a 76 year old cattle rancher who had been a rancher for 65 years, was entitled to a discharge of his $4.5 million debt to plaintiff.
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Court
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