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Valley Title and Escrow Agency Inc. v. Metzger (In re Metzger)

Valley Title and Escrow Agency Inc. v. Metzger (In re Metzger)

Ruling
Claim for excess funds freely disbursed by creditor's attorney to debtor at refinance closing was dischargeable.
Procedural posture

Plaintiff title company sought a judgment of non-dischargeability under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6) on account of the use, by Chapter 7 debtor, of the proceeds of a check for $26,246 in connection with a refinancing transaction. Debtor contested plaintiff's claims and sought a determination that the obligation was dischargeable.

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Consumer opinion summary, case decided on December 28, 2010 , LexisNexis #0311-049