- 11 U.S.C.
Levine v. Ward (In re Ward)
Mar
15
2010
Ruling
Construction company's use of buyers' payment for "extras" to pay closing costs was a fiduciary defalcation resulting in nondischargeable debt.
Procedural posture
Plaintiff home buyers filed an adversary proceedings against defendant chapter 7 debtor, seeking a determination that the debtor owed them a debt in the amount of $ 20,000 that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The buyers asked the court to issue an order which required the debtor to pay the debt and awarded the buyers punitive damages, costs, and attorney fees. The case was tried to the court.
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Court
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