- 11 U.S.C.
New York v. Suarez (In re Suarez)
Mar
23
2007
Ruling
Judgment lien based on debtor's fiduciary fraud under statutory trust involving misuse of collected health club fees was nondischargeable.
Procedural posture
Plaintiff State, on behalf of its citizens, brought an adversary proceeding against defendant bankruptcy debtor, alleging that a debt for restitution arising out of a consent order and judgment against the debtor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(4) based on the debtor's fraud and fiduciary defalcation. The bankruptcy court conducted a trial.
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Court
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