- 11 U.S.C.
Marcott v. Luna (In re Luna)
Jan
18
2011
Ruling
Debtors' failure to record mortgage did not result in nondischargeable debt.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant Chapter 7 debtors, seeking a determination that the debtors owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2). The creditor filed a motion for partial summary judgment on his claim, and the debtors filed a cross-motion for summary judgment and asked the court to award them attorney fees and costs pursuant to § 523(d).
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Court
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