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Callaway Bank v. Asbury (In re Asbury)

Callaway Bank v. Asbury (In re Asbury)

Ruling
Debt owed by debtor who was business partner with debtor spouse was nondischargeable due to imputation of spouse's fraud.
Procedural posture

Creditor filed a complaint against chapter 7 debtors, a husband and wife, asserting that debt owed by the debtors to the creditor should be declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B), (a)(4) and (a)(6). The court previously found that the husband's debt to the creditor was nondischargeable. The sole remaining issue was whether the wife's debt was also nondischargeable.

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Consumer opinion summary, case decided on January 06, 2011 , LexisNexis #0211-019